Author
Prof Bing Ling
Organisation/Institution
The University of Sydney Law School
Country
AUSTRALIA
Panel
International Law
Title
Contested History in International Legal Narratives: The Case of the Reinterpretation of UN Resolution 2758
Abstract
Many disputes in and among Asian countries date back to centuries ago, and contestation over historical facts often take the centerfield in the long memories of the parties to the disputes. International law acknowledges but a limited role of history in international legal narratives, as can be seen in the normative framework on the interpretation of treaties and acts of international organizations. This indifference, which tends to be accompanied by misuse, of history does disservice to the management and resolution of long-held grievances. The recent efforts in the parliaments of several western countries, including most lately the European Parliament, to reinterpret the UN General Assembly Resolution 2758 which settled the representation of China in the UN in 1971 is a case in point. The parliamentary statements assert that the effect of Resolution 2758 is restricted to resolving PRC’s seat in the UN without taking a stand on the international status of Taiwan, and advocate for expanded engagement of Taiwan with international organizations. In this paper, I propose to review the historical controversies, manoeuvres and debates over in the gestation and eventual birth of the Resolution. The paper will argue that the parliamentary reinterpretation defies the recorded history and is arguably inconsistent with the interpretative rules of international law. Whilst the ahistorical approach of the parliaments contributes demonstrably to the entrenchment of the ongoing cross-strait disputes, the paper reflects on whether an augmented role of history in international legal discourse conduces to international rule of law in dispute settlement, or leads ineluctably to privileging a certain version the political narrative at the expense of rule of law.
Biography
Professor Bing Ling is Professor of Chinese Law at the University of Sydney Law School, where he is also Associate Director (China) of the Centre for Asian and Pacific Law. He was Associate Dean (International) of Sydney Law School. Before, joining Sydney in 2012 he was a founding professor and deputy director of the law school of the Chinese University of Hong Kong. He has also taught at Peking University Law School, University of Michigan Law School and the City University of Hong Kong Law School. He received his LLB degree from Peking University in 1989 and LLM degree from the University of Michigan in 1992. He was awarded a Diploma by the Hague Academy of International Law in 1995. He is the author of books and articles on Chinese civil and commercial law and international law. He has also served as an expert witness on Chinese law questions in international litigation and arbitration cases.
