Revisiting The Cliche of Community Service Order in Hong Kong: Non-Custodial Sentence in The Turmoil (Published)
Community service order (“CSO”) has been introduced to Hong Kong for over 30 years. It has become one of the popular non-custodial sentences often imposed by the courts. Hong Kong judges almost always refer to the R v Brown case in considering granting CSO, and often the presence of remorse is a crucial factor. Recent cases in relation to the 2019 Hong Kong Protest however demonstrate the courts’ reluctance in granting CSO. This article argues that the straitjacket application of the system and the law of CSO in Hong Kong has derailed from the original intention of the introduction of this sentencing option. The application of the letter but not the spirit of the law calls for reflection and reform of the practice of CSO in this jurisdiction.
Citation: Cheung J H.C. and Ho C.H. (2023) Revisiting The Cliche of Community Service Order in Hong Kong: Non-Custodial Sentence in The Turmoil, Global Journal of Politics and Law Research, Vol.11, No.1, pp.66-92
Keywords: China, Hong Kong, community service order, non-custodial, sentence, sentencing
Energy Security, China’s Strategy: A Guide for Nigeria (Published)
Energy Security has returned to the top of the international agenda in ways not seen since the oil embargoes of the 1970s. Energy security has emerged as a major object of the energy policy agenda and policy makers have engaged in a wide ranging debate over how best to address future energy requirements. Industrial powers like the United States are willing to devote considerable military, political, diplomatic, and economic means to access energy resources around the world. But they are no longer alone in this endeavour. Increasingly, industrializing states like China and India are willing to devote comparable resources to secure sufficient energy supplies to sustain their fast growing economy. In this work – Energy Security, China’s Strategy: a Guide for Nigeria, using a secondary data in a qualitative analysis has undertaken a comprehensive review of Energy security, looking at the global quest for energy, China’s energy security strategy, energy security from Nigeria’s perspective and the examples that the strategy can provide for Nigeria. We have identified three key areas of china’s strategy which equally provides lessons for Nigeria i.e. China has a credible and an efficient energy policy in place, Self-reliance and self-sufficiency in oil and other resources which they took great pride in, that could take care of their domestic needs and establishment of strategic oil reserves.
Keywords: China, Nigeria, Policy, energy security, energy security strategy, security of supply.
One Belt One Road a Great project of Far-reaching Economic Development & Trend of Global modern Development Rules (Published)
The One Belt One Road project is a project initiated by China and officially launched in 2013 by Chinese President Xi Jinping, during his visit to Kazakhstan. The One Belt One Road project is a project of global dimension. In order to approach such a complex and multifaceted subject a retrospective historical analysis in regards to this particular project’s origin and idea is required. This global project involves linking Asia, Europe, and Africa with new road and maritime infrastructures. Since its launch in 2013, this project is attracting financially and diplomatically many collaborators. Evermore frequent international conferences have been hosted by China but a particular high-profile summit on May 15, 2017, held in Beijing and was attended by twenty-nine heads of state, as well as numerous government officials. Sixty-Eight countries that were involved in the summit eventually closed with a “joint declaration” signed by thirty countries, followed by 270 cooperation agreements. The vision of the “New Silk Road”, better known today as the “One Belt, One Road” (OBOR) is determined to take a major step in leading the trend in globalization in the 21st century which can be seen by an injection of enormous means from various sectors in order to make this project a fruitful realization. The main objective of this literary work is to make evident the ambitions of Beijing through the “OBOR” project and to make clear the strategies for implementing the project as well as its impact on global economic development exploiting different development sectors concerned.
Keywords: China, Economic Development, Modern Great Project, One Belt One Road, Rules, Trend of Global Development
China’s Peaceful Development and its Interactions with Contemporary International Law (Published)
The question of whether China’s peaceful development is a threat to international peace and security (China threat theory), or not, continues to dominate the academic discourse. Nonetheless, China’s efforts, both in theory and practice, have ascertained that its development not only is peaceful in its nature, but also, is extended throughout the world in numerous ways. This paper mainly investigates China’s peaceful development from the international law perspective and its interaction with international law. It examines the concept of peace in Chinese ancient philosophy, explores China’s peaceful development and its features and argues that it is harmonious with international law in various areas such as the purposes of the Charter of the United Nations, the Millennium Declaration, international human rights, etc. and can potentially contribute to development of international law through theory and practice.
Keywords: China, International law, Peaceful Development
Most-Favoured-Nation Clause in Chinese Bilateral Investment Treaties (Published)
Bilateral investment treaty (BIT) programs were a natural response of capital-exporting countries in trying to protect the investments made by their nationals and corporations in the territories of developing states. In recent decades the role of BITs has risen in global economy for promoting foreign investments by guaranteeing that the rights of foreign investors are protected in the territory of the host state. Most-Favoured-Nation (MFN) treatment is a commonly found treatment standard in investment treaties which guarantees equality of competitive conditions among foreign investors in a host country. The underlying notion behind the MFN clause is to eliminate the de facto and de jure discrimination based on the origin of foreign investment. This paper discusses the role of MFN clause in international investment law with a specific focus to Chinese BITs. Particularly, the paper examines the wording of MFN clauses in Chinese BITs, the stages of investments covered by the clause and its applicability to substantive and procedural treatment standards.
Keywords: Bilateral Investment Treaties, China, Most-Favoured-Nation Treatment
CHINA – NIGERIA RELATIONS: PROSPECTS AND CHALLENGES (Review Completed - Accepted)
The study centred on China- Nigeria Relations. China-Nigeria Relation spans a wide spectrum of areas: politics, trade, investment, aid, technology, science, culture, education, health and military. The growing economic ties between China and Nigeria require detailed analysis to determine the prospects and challenges so as to ascertain the benefits on both sides. Qualitative analysis was the main anchor and its descriptive in nature, drawing largely from secondary sources from analytical standpoint. The prospects are: adequate infrastructure in Nigeria through China’s financial resources will improve investment climate in the country, ability to do quality work at a fast rate, simplification of their access to capital, strengthen infrastructure, revive the agricultural sector, china provide trade not aid, Nigerians could borrow from Chinese character of discipline, purposeful leadership and deliverability, China’s investment focus in agriculture, light industry, machinery, infrastructure, construction, information technology and tourism will be added impetus to Nigerian Economy. Nigeria may gain from technical assistance and scientific cooperation. The Challenges are: Domestic firms may lose as a result of lack of competitiveness, trade imbalance, stifles technological transfer, tax evasion, slave wages, poor working conditions, Economic inequality, uncoordinated leadership and policy. Strong pressure must be placed on Nigerian leaders to effectively balance Chinese engagement to maximize growth and opportunity.
Keywords: China, Economy, Foreign Direct Investment (FDI), Infrastructure, Nigeria, Relations, Trade