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Treaty for a Lost City: The Sino-British Joint Declaration [Pehme köide]

(The Chinese University of Hong Kong)
  • Formaat: Paperback / softback, 322 pages, kõrgus x laius x paksus: 227x150x16 mm, kaal: 460 g, Worked examples or Exercises
  • Ilmumisaeg: 11-Aug-2022
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108972306
  • ISBN-13: 9781108972307
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  • Formaat: Paperback / softback, 322 pages, kõrgus x laius x paksus: 227x150x16 mm, kaal: 460 g, Worked examples or Exercises
  • Ilmumisaeg: 11-Aug-2022
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108972306
  • ISBN-13: 9781108972307
The Sino-British Joint Declaration was signed in 1984 and transferred control of Hong Kong to the People's Republic of China from the 1st July 1997. This sets the scene for the establishment of the Special Administrative Region (SAR) in Hong Kong, which has been at the heart of the civil unrest in 2019-2020, culminating in the National Security Law on 30 June 2020. In the 25th anniversary year of the handover of Hong Kong, C. L. Lim uses British archival sources to re-examine the Joint Declaration, the negotiations that led up to it, and its resounding significance that continues to the present day. Beginning with Margaret Thatcher's preparations for her Beijing trip, the book takes a chronological approach and offers a valuable, single-volume history of the Joint Declaration. In light of tumultuous current events in Hong Kong, Lim provides a vital, clear explanation of the legal complexities that have underpinned the relationships between China, Hong Kong and Britain since 1979.

An exploration of the history of the 1984 Sino-British Joint Declaration from Thatcher's preparations until the present day, C. L. Lim offers an accessible, highly readable account of the intricate legal issues that continue to hold great significance. Using British archival sources, the book considers the ongoing debate over the Joint Declaration.

Arvustused

Accusations from the West that China is tearing up the Sino British Joint Declaration over Hong Kong are serious calumnies. This book shows how two diametrically opposed solutions were put together. The British wanted a treaty, and the Chinese wanted a unilateral declaration of policy. The policy was enshrined in treaty form in other words -proving the maxim that a treaty between states is a disagreement put into writing. It is a riveting read, the work of a first class, razor sharp mind, a distinguished academic as well as a prominent barrister. Anthony Carty, formerly Sir Y K Pao Chair of Public Law, University of Hong Kong, at present Chair of Public International Law, Beijing Institute of Technology School of Law, Beijing Treaty for a Lost City gives a timely, scholarly and thorough account of the constitutional history of Hong Kong from the time of the negotiations that led to the Joint Declaration of 1984 through to the present day with the enactment of the National Security Law of 2020. All this is seen through the prism of international law in general and the Joint Declaration in particular. Professor Lim guides the reader surefootedly through this thicket of law. Not every conclusion he reaches will be accepted but what he says is impossible to ignore. Christopher Forsyth, was Sir David Williams Professor of Public Law in the University of Cambridge and is Honorary Professor of Law in the University of Stellenbosch This is the best account of the Basic Law's relationship with the Joint Declaration, and the relationship between the Basic Law, international law and national law, dubbed 'the Holy Trinity'. It offers penetrating analyses of the constitutional controversies that have arisen. Based on archival work and an even-handed and fair reading of the relevant legal texts, this monograph offers a fresh perspective of Hong Kong's constitutional order. An elegant and compelling book. Hualing Fu, Dean, Faculty of Law, University of Hong Kong This is an important book which vividly illuminates the bargaining process that shaped the Sino British Joint Declaration. It gives full play to Chinese arguments about the Treaty and proposes an original counterpoint to the liberal argument about Hong Kong's constitutional identity. Treaty for a Lost City is an essential resource for people who wish to explore the debate about Hong Kong's constitutional treaty; or who wish to understand what Hong Kong has become. Ewan Smith, Christ Church, Oxford 'Recommended.' S. C. Hart, Choice

Muu info

Uses declassified archival records to analyse the legal and contemporary circumstances surrounding the 1984 Sino-British Joint Declaration.
Preface xi
Acknowledgements xiv
Table of Provisions in the Joint Declaration and the Basic Law of the Hong Kong S.A.R.
xvi
PART I 1982--1997
Introduction to Part I
3(2)
1 Negotiations Commence
5(21)
2 The Joint Declaration
26(30)
3 Twilight of Colonial Rule, Democratic Reform, the Basic Law and Bill of Rights: 1984--1997
56(23)
PART II 1997--2014
Introduction to Part II
79(2)
4 The Court and the Canaries in a Storm
81(29)
5 Foreign Treaty Relations
110(19)
6 Acts of State, Foreign Affairs, Defence
129(18)
7 Demos
147(28)
PART III 2014--2021
Introduction to Part III
175(2)
8 Patriotism, Comprehensive Jurisdiction, Formal Allegiance: 2014--2017
177(23)
9 Fundamental Rights and the 2019 Extradition Bill
200(16)
10 The 2020 National Security Law
216(23)
11 Aftermath
239(25)
Appendix -- Text of the Sino-British Joint Declaration and Its Annexes, and the Sino-British Exchange of Memoranda of 19 December 1984 264(24)
Index 288
C. L. Lim is Choh-Ming Li Professor of Law at the Chinese University of Hong Kong, Visiting Professor at King's College London, Honorary Senior Fellow of the British Institute of International and Comparative Law, a member of the International and Comparative Law Quarterly editorial committee, and membre associé de l'Institut de Droit International. His publications include International Investment Law and Arbitration (co-authored, 2021) and The Cambridge Companion to International Arbitration (2021).