China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond

Unlike the United States or the European Union, China has adopted a unique approach that combines foreign investment law and anti-monopoly law to protect national security in merger transactions. Meirong Jin and Qian Li argue that anti-monopoly merger control has been an indispensable part of China’s national security protection framework, with four characteristics that make… Continue reading China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond

Lawfare and Sea Power: A Historical Perspective

Four hundred years ago, the United East India Company hired Hugo Grotius, who would later be memorialized as the “father of international law,” to legitimize Dutch sea power in the South China Sea. Dennis Harbin illustrates that Grotius and the legal defense he crafted would have major implications for competition between democracies and autocracies centuries… Continue reading Lawfare and Sea Power: A Historical Perspective

The Case for Attempted Perfidy: An “Attempt” to Enhance Deterrent Value

Mitigating the risk of deliberate attacks against civilians and other individuals protected by international humanitarian law is among the most fundamental objectives of international legal regulation of armed conflicts. Central to this risk mitigation is the categorical prohibition against deliberately attacking civilians and other protected individuals (unless and for such time as they directly participate… Continue reading The Case for Attempted Perfidy: An “Attempt” to Enhance Deterrent Value