Forthcoming Articles

ABSTRACT

This paper examines the issue of the relationship between international and national law that leads to the gradation of laws; Is international law superior or inferior to national law? This question pushed the existing theoretical positions to find more convincing answers and practical solutions to this question. The article differentiates between two doctrines, the first is monism between international and national law, and the second is the dualism between international and national law.  The status of international law in the national legal system is determined by the national constitution of each country. The article discusses a crucial issue associated with a substantial principle on which international law is based: the principle of state sovereignty and the critical relationship between international law and national law. The article aims to clarify the nature of the relationship with a specific reference to the experiences and challenges faced by the State of Palestine. To achieve the objectives of the article, doctrinal legal research methodology was adopted. Accordingly, this study concluded that there are two conflicting doctrines in determining the status of international law in the national legal system. Since the establishment of the State of Palestine, and became a non-member observer state at the United Nations, the Palestinian legislature has adopted the doctrine of monism. The study would assist the international community to understand the legal nature of the Palestinian constitutional system and its position related to the value of treaties in Palestine. The study emphasises the need to harmonise Palestinian legislation in order to be in line with international treaties.

Keywords: International and National Law, Doctrine of Monism, Doctrine of Dualism, Palestinian Case.

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THE CO-MOVEMENT OF CHINA AND US STOCK INDICES: A PORTFOLIO DIVERSIFICATION ANALYSIS

ABSTRACT

The aim of this article is to find diversification opportunities by examining the time-varying and time-scale-based volatility and correlation of the US and Chinese stock market indices with crude oil, gold and Bitcoin price returns, as well as the exchange rate of the Chinese Yuan Renminbi against the US Dollar (CNY/USD) using a vector error correction model (VECM), namely, maximum overlap discrete wavelet transformation (MODWT). Furthermore, individual and institutional investors may also reduce the risk of their investment portfolio by investing in commodities and stock markets from countries with a negative or substantially low correlation. Our VECM result shows that Bitcoin, crude oil and CNY/USD lead the other variables under consideration, indicating that changes in the prices of Bitcoin, crude oil and CNY/USD affect the US and Chinese stock market indices, as well as gold. Our research utilising the MODWT technique shows that Bitcoin leads crude oil at almost all levels, indicating that crude oil prices will respond to Bitcoin price movement in the long- and medium-term. However, investors may be deterred from using Bitcoin as a diversification tool due to its extreme volatility. The research also indicates that diversification with gold may help US investors. However, the continuous wavelet transformation finding shows that the diversification benefit effects will persist for a holding period of little more than 64 days. Our study results tend to emphasise the significance of using reasonably modern methods to identify diversification possibilities for investors with diverse investment horizons or holding stocks for various periods.

Keywords: Bitcoin, Gold, Crude Oil, CWT, MGARCH-DCC.

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THE POTENTIAL PROSPECT OF ARTIFICIAL INTELLIGENCE (AI) IN ARBITRATION FROM THE INTERNATIONAL, NATIONAL AND ISLAMIC PERSPECTIVES

 ABSTRACT

Arbitration is the most widespread mechanism for resolving disputes in the modern and Islamic eras. The current global tendency calls for an increase in the integration of disruptive technology, such as artificial intelligence (AI), into arbitration. Using doctrinal legal research methodology, this article examines the potential prospect of artificial intelligence (AI) in arbitration from international, national, and Islamic perspectives. To achieve that, several international arbitration laws, such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and UNCITRAL Model Law on International Commercial Arbitration 1985, national arbitration laws, such as Arbitration Act 2005 (Act 646), UK Arbitration Act 1996, and Singaporean Arbitration Act 2011, and the Islamic law were analysed. The collected data was analytically and critically analysed using the content analysis method. It is found that AI technologies would bring added value to arbitration if they are appropriately employed. However, from a legal perspective, arbitration laws are not mature enough to absorb AI technologies. Besides, it is discovered that Islam does not prohibit AI technologies as long as they can serve humanity. According to the Islamic point of view, an artificial intelligence arbitrator (AIA) cannot replace human arbitrators. Finally, this article provides several recommendations to enhance the use of AI technologies and AIA in arbitration. This, in turn, would help in creating a modern, prosperous, and just world and improving the international relations between nations, international organisations, and individuals from different countries as any of them could resolve their disputes effectively.

Keywords: Arbitration, Artificial Intelligence, Artificial Intelligence Arbitrator, Dispute Resolution Mechanism, Islamic Arbitration.

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THE SOUTH CHINA SEA DISPUTE AND SINO-VIETNAMESE RECONCILIATION

ABSTRACT

This article attempts to analyse the South China Sea (SCS) conflict from the standpoints of both Vietnam and China. The paper discusses the factors that contributed to the recent escalation of the Vietnam - China conflict, the implications of the competition for Vietnam and other regions of interest, including the People’s Republic of China and the United States, and potentially desirable Association of Southeast Asian Nations (ASEAN) solutions. The research method was based on reviews of recent reports and surveys published in newspapers or think tanks. This qualitative analysis elucidates and deepens our understanding of the SCS dispute. The research is significant because it sheds light on the issues at stake, particularly from the perspective of Vietnam, an ASEAN member. With this in mind, the hope is that academics and stakeholders can make the best possible use of the data, various arguments, and analyses presented to advance knowledge through correction and further research. To resolve this issue, the study concluded that China and Vietnam must meet and discuss it. The United States’ involvement in this maritime dispute complicates an already complex situation.

Keywords: South China Sea (SCS), China-Vietnam relations, Association of Southeast Asian Nations (ASEAN), United States, maritime dispute

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UNITED ARAB EMIRATES - ISRAEL RAPPROACHMENT: A RATIONAL CHOICE OF EMIRATIS

Abstract

The UAE and Israel decided to normalize diplomatic relations, later known as the Abraham Accord. The decision of the UAE invited controversy in the world, especially the Islamic countries. One of the most vehemently condemning this deal was Iran. Iran viewed this agreement as a form of betrayal of the Palestinian struggle. However, based on an analysis using the Balance of Threat theory, this article concluded that Iran actually caused the UAE’s decision to normalize the relations. It was because Iran, through its superiority of aggregate power, geographical proximity, and offensive policy character, presented a serious threat to the security of the UAE. Thus, the normalization of relations with Israel was the best and rational choice for the UAE in dealing with the Iranian threat. Through this normalization, the UAE would gain a new partner to jointly counterbalance Iran's power and help in the efforts to build its defense force.

Keywords: Abraham Accord; United Arab Emirates; Israel; Balance of Threat

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WAR CRIMES IN GAZA STRIP FROM YEAR 2008-2021: INDIVIDUAL CRIMINAL RESPONSIBILITY UNDER THE LEGAL FRAMEWORK OF ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 

ABSTRACT

From the end of year 2008 to 2021, Israel has committed four wars in the Gaza Strip. These wars are known as Operation Cast Lead in 2009, Operation Pillar of Cloud in 2012, Operation Protective Edge in 2014 and Operation Guardian of the Walls in 2021. The destructive impact of vital facilities in Gaza including schools, universities, mosques, hospitals, and United Nations Relief centers, as well as the killings of thousands of innocent civilians by Israeli forces were visible evidence of serious violation of ‘principle of distinction’, a basic principle provided under the international humanitarian law conferring protection upon the civilians during armed conflicts. The accession of Palestine to the Rome Statute of the International Criminal Court on 1 April 2015 held out hope for Palestinian victims to prosecute Israeli war criminals, since individual criminal responsibility in war crimes can be attributed as collective crimes to prevent the perpetrators benefiting from the systemic and decentralized nature of the war crimes. This paper aims to analyze the position of individual criminal responsibility committed during the above-mentioned wars, regulated under the Rome Statute of the International Criminal Court and other relevant international conventions. In analyzing the data from the primary and secondary source, this paper applies the doctrinal legal research and qualitative approach. This paper concludes that the Rome Statute of the International Criminal Court associated the individual criminal responsibility for war crimes by systematically determining the extent of participation, namely: (1) commission; (2) ordering/instigating; (3) assistance; and (4) contribution to war crime as a group crime. Thus, the Israeli military leaders ought to be held liable for the commission of war crimes in accordance with Article 8 of the Rome Statute of the International Criminal Court. The pretexts of the Israeli occupation to exempt from criminal responsibility should be rejected according to the state of legitimate defense.

Keywords: Israel-Palestine conflict, individual criminal responsibility, war crimes, Gaza Strip, International Criminal Court.

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CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAW

ABSTRACT

The notion of historic rights forms the major basis to the claim by China to ‘islands’ in the South China Sea and the adjacent waters which are located within what is known as the Nine Dash Line. The South China Sea Arbitration case (Philippines v. China) has shown divergence between China's interpretations of historic rights and the territorial acquisition regime under positive international law. This paper argues that Islamic international law has clearer principles on historic rights that do not upset territorial sovereignty of coastal States. However, these principles must be appraised in the correct context of Islamic international law because Islamic international law subscribes to different approach to State sovereignty. Due to the importance of historic rights in this paper, the authors use both black letter and historical approaches to legal research. With the historical legal research, the authors look at the historical facts objectively in order to know how legal rules on sovereignty claims over maritime areas are formed throughout history particularly from the lenses of Islamic international law. The significance of this paper is that it allows Islamic international law to offer a middle ground on which the proponents and opponents of China’s historical rights claims could meet.

Keywords: historic rights, law of the sea, consolidation of title, Islamic international law, South China Sea.

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THE PRACTICE OF PUBLIC DIPLOMACY BY THE GULF COOPERATION COUNCIL (GCC) COUNTRIES TOWARDS INDONESIA 

ABSTRACT

As part of their "Look East" foreign policy, the Gulf Cooperation Council (GCC) countries have been focusing on enhancing their relations with several Asian countries, including Indonesia, which is the largest economy in Southeast Asia. The adoption of this policy has resulted in an apparent increase in cooperation between these Arab Gulf nations and Indonesia. There is a visible trend of growing cooperation between GCC countries and Indonesia, particularly during the first term of President Joko Widodo, covering areas from diplomacy, energy, and trade to investments. Although the expansion of diplomatic, energy and economic ties between both sides has been widely discussed in the literature, little attention has been paid to the public diplomacy strategies used by the GCC countries in their interactions with Indonesia. Realizing the limitations of their newly developing relationships with Indonesia and the importance of promoting a positive image to secure their political and economic interests in the region, the GCC countries are fully aware of the need for effective public diplomacy strategies. This research, therefore, aims to examine the public diplomacy strategies employed by the GCC countries towards Indonesia. These strategies can be arguably divided into four distinct groups: educational initiatives, cultural activities, religious studies and practices, as well as humanitarian aid. This study argues that while public diplomacy has increasingly become an integral part of the GCC countries’ strategies in establishing relations with Indonesia, the application of these strategies has been prevalent only among a few GCC countries in which extensive political and economic relations are already well forged with Indonesia. 

Keywords: Public diplomacy, Indonesia, GCC, Gulf States, foreign policy, national interests.

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A Bibliometric Analysis on Trends, Directions and Major Players of International Relations Studies

ABSTRACT

As communication technology, air travel, and a complex international economy continue to make the world smaller, the importance of peaceful and cooperative relationships between nations increases. However, it is unclear to what extent research on international relations (IR) has expanded as a global discipline; narrated by balanced perspectives and provides an impact. This study conducts a bibliometric analysis of 4986 documents related to IR as recorded in the Scopus database from 1913 to 2022. Specifically, this paper analyzes (a) the trends and development; b) influential documents and frequent keywords and c) major players in terms of productive journals, authors and institutions in IR studies. This paper provides a new panoramic view by depicting tables and science maps on the publication of IR studies. The findings show a slow increasing interest in IR field post the Second World War and quickly increased during the mid-twentieth century. Political economy is gaining more importance and most publication center on IR theories while discussing prevailing events affecting the world. However, the Western influence of IR is still primarily mainstream, where IR publications are mainly controlled by big Western publishers, influenced by Western authors affiliated with long-established Western institutions. Seemingly, the non-Western contributions to the IR field have not yet established their own footing in the field despite much discussion about diversifying IR. This remains a challenge for non-Western scholars, journal publishers, and institutions seeking to contribute to the ongoing debate in the study of international relations.

Keywords: Bibliometrix, literature review, international studies, global IR, diversity.