Wednesday, November 1, 2023

Richard Cullen reviews C. L. Lim's Treaty for a Lost City: the Sino-British Joint Declaration (HKLJ)

Review Article: "Treaty for a Lost City: the Sino-British Joint Declaration"
Richard Cullen
Hong Kong Law Journal, Vol. 53, Part 2 of 2023, pp.797 - 813
Abstract: This book provides a welcome, well-informed review of the essential nature of the Joint Declaration and its political-legal role over time. China maintains that once it implemented the “basic policies” spelled out in the Joint Declaration it had already performed its treaty obligations in full. The case challenging this view, drawing on the Joint Declaration, is not composed of empty arguments. But these are essentially moral (and debatable) arguments linked to the (international law) legal language found in the Joint Declaration. This case is actively shaped to fit within the on-goingongoing Western media campaign arguing that China is failing to meet geopolitical behaviour standards stipulated by the West, which are embodied in that narrative. The intensifying political role of the Joint Declaration is, thus, set to be confirmed as the primary reason it will remain significant, looking forward.

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