Sienho Yee © 易 显 河 （中文简历）
MOE
Changjiang Xuezhe Professor of International Law, China Foreign Affairs
University
Member, Institut de Droit International ; **Member
of the US Supreme Court Bar
Author: Towards an International Law of
Co-progressiveness ** Editor-in-chief, Chinese Journal of International Law
(an Oxford journal; SSCI)
Email:
sienho[AT]chinesejil.org
Welcome * Personal
Homepage; All views are personal; * Emails; * Host; * 欢迎* 中文简历;
Publications * Law School * IL Teaching; *UNCLOS dispute settlement *Lectures 讲座/著作单子 共进国际法,共进国际法新篇
*领袖型国家;*完美法治
*《哥大法评》文章
Sienho
Yee’s research interests are in public international law (PIL),
especially the jurisprudence of the International Court of Justice (ICJ) and
the structural questions of the international legal system. His articles have
appeared in fine journals (List of publications) such
as American Journal of
International Law, Columbia Law
Review, Chinese
Journal of International Law; European Journal of International Law, German
Yearbook of International Law, International and Comparative Law Quarterly
(ICLQ), Max Planck Yearbook of United Nations Law, and Max Planck
Encyclopedia of Public International Law, and some have been used as
reading materials in august universities and cited in good casebooks, and
cited, reviewed, abstracted, debated in good journals and used in international
litigation. His paper, “A Proposal to Reformulate Article 23 of the ILC Draft
Statute for an International Criminal Court”, 19 Hastings International &
Comparative Law Review (1996), 529 (on the relationship between the United
Nations Security Council and the International Criminal Court), has been
considered by some to have contributed to “the origination of the principle
employed in” an important provision, Article 16, of the
Rome Statute of the International Criminal Court. Another paper,
The Interpretation of “Treaties in Force” in Article 35(2) of the Statute of
the ICJ, 47 ICLQ (1998), 884 was reproduced by Germany as Annex 31 to its
Preliminary Objections filed in the Legality
of Use of Force (Serbia and Montenegro v. Germany) case before the
International Court of Justice and discussed in that filing (pp. iv; 28) and was
described as an “excellent study” [sic] in Italy’s filing (pp. 11-12), and then
was quoted by one paragraph in Judge Elaraby’s 8 separate opinions (ICJ Reports
2004, pp. 262, 508, 653, 798, 944, 1093, 1240, 1385) in the related cases. His
arguments were discussed several times in open court on 9 May 2006 in another
related case at the ICJ. His other papers have also been cited in the
Mauritius v. UK arbitration award and in an separate opinion in the California
Supreme Court. He contributed two papers with almost 100 pages on Article
40 (how to start a case) and Article 45 (the President’s control over
proceedings) of the ICJ Statute to the book The
Statute of the International Court of Justice: A Commentary (Oxford
University Press 2006 & 2d edn, 2012).
In 2016, he served as the principal
presenter on Article 38 of the Statute and applicable law at the Seminar
organized by the ICJ to celebrate the 70th anniversary of its founding. In
July 2012, he delivered a special course of lectures on “jus cogens at the International Court of Justice” at The Hague
Academy of International Law. He also delivered other special courses on
aspects of dispute settlement at Thessaloniki Institute on standing to invoke
State responsibility in 2003, at Xiamen Academy on ICJ Statute, art.38(1)(d) in
2007 and again at Xiamen Academy on the dispute settlement system
under the UN Law of the Sea Convention in 2014.
In a paper published in April 2001 he proposed the concept of
the “international law of
co-progressiveness” and coined this phrase to capture the spirit of the
current stage of international law development following the law of
co-existence and the law of co-operation.
His exposition of this concept has been used as teaching materials
internationally (Course
1; Course 2),
featured in Xinhua Digests and
Renmin University Reprints. Innsbruck University invited him to give a special
lecture on the concept. Martinus Nijhoff has published his
“collected works” elaborating the concept: Towards
an International Law of Co-progressiveness (Part
I, 2004; * Part
II: Membership, Leadership and Responsibility, 2014). He has also been invited to participate in other world
projects such as the Max Planck
Encyclopedia of Public International Law and International Law in Domestic Courts.
His educational and professional qualifications include his Juris Doctor degree in 1993 from Columbia Univ. Law School (Columbia
Law Review note author) and
membership in the Bar of New York State (1994) and the Bar of the US Supreme Court (2004). He was also a student in some other
interesting places.
He
became a membre associé of Institut de Droit international (IDI) in
2009 in Napoli at 44, and membre in
2013 in Tokyo. He is also a Headquarters
member of the International Law Association.
His experiences include being: (1) MOE Changjiang Xuezhe
Professor of International Law, China Foreign Affairs University; (2) MOE Changjiang
Xuezhe Professor of International Law and Chief Expert, Wuhan University
Institute of Boundary and Ocean Studies and Institute of International Law,
Wuhan, China; (3) Editor-in-chief (founding co-editor-in-chief), Chinese Journal of International Law (Oxford; SSCI) & Advisory Board
Member and formerly editor, International Law in
Domestic Courts (Oxford) and member of various other boards of editors; (4)
Project Chief Expert, “State Major Research Project” on “China’s Constructive
Role in the Settlement of International Disputes and Global Crisis-situations”
(China Social Sciences Foundation), and occasional expert consultant to
governmental authorities from different continents in various matters including
case preparation before the ICJ and ITLOS and amicus brief
before the US Supreme Court (in Kiobel case);
(5) Member of IDI Commission on Jurisprudence and Precedent in International
Law and others; Sub-reporter on ICJ reform for the ILA Study Group on UN
Reform, member of the Study Group on the Practice and Procedure of
International Courts and Tribunals and of the Committee on Baselines; and
former Chair (2001-04), ILA American Branch Committee on International Dispute
Settlement; (6) former judicial law clerk to (a) Judge Li Haopei, Appeals
Chamber, UN Int’l Criminal Tribunal for the Former Yugoslavia and to (b) Judge
Robert E. Cowen, US Court of Appeals, 3d Cir.; (7) former counsel, IMF Legal
Dept; (8) associate, Sullivan & Cromwell, New York; (9) formerly, Fowler
Hamilton Visiting Research Fellow, Christ Church, Oxford; Rockefeller Bellagio
Resident Fellow; Tengfei Professor of International Law and Director of the
Silk Road Institute of International Law, Xi’an Jiaotong University, China;
associate professor of law at the University of Colorado School of Law;
lecturer at Queen Mary, University of London and teacher of international law
in other interesting places.
He has given
invited presentations/lectures at interesting
places including Beijing (on international
law of co-progressiveness); the Old Library, All Souls College, Oxford (on Opinio Juris); the “Very Hot Palace” at St Petersburg,
Russia during its 300th anniversary celebrations (on Forum prorogatum returns to the
International Court of Justice); Oxford Public International Law Group (on ITLOS
presidency) and Wuhan (on member
responsibility for acts of an international organization).
