Yunqing LIU
Thesis title: International Legal Positivism and the Validity of International Law
Contact details
PhD supervisors:
Background
Yunqing LIU is a Ph.D. researcher at Edinburgh Law School, working on a Hartian legal positivist approach to the validity of international law.
Previously, she earned a Ph.D in Law from Renmin University of China (2024), focusing on the immunity of state officials especially those accused of international crimes. She was the convenor for Edinburgh Legal Theory Research Group from 2023-2024. She was the editor of Renmin University Law Review (CSSCI) from 2019-2022. She worked as a full-time judge assistant in the Intermediate Court of Shanghai from 2018-2019.
She has authored numerous publications, as well as led and participated in several research projects. She has presented her work in numerous international forums. She has participated, coached, and judged in several moot court competitions, including Philip C. Jessup International Law Moot Court, Foreign Direct Investment Arbitration Moot Court, Frankfurt Investment Arbitration Moot Court, Price Media Law Moot Court, etc.
Research summary
Her research interests include：
- Public international law
- Sources of international law and beyond (customary international law, general principles of law, jus cogens, obligation erga omnes)
- Jurisdiction (traditional jurisdiction, universal jurisdiction)
- Immunity (state immunity, immunity of state officials, diplomatic immunity) from international/domestic jurisdiction
- Territorial disputes
- Law of the sea
- International dispute settlement etc
- International legal Theory
- Legal positivism
- Legal pluralism
- Critical legal study
- as well as other approaches to international law
Current research interests
Her current research project concerns the the clarification and potentials of a (Haritan) legal positivist approach to the validity of international law. It analyzes: (1) Why international law scholars tend to think that a legal positivist approach (to validity of international law) is necessarily associated with a voluntarist approach (to the basis of obligation of international law)? It analyzes how such (mis)understanding comes about by examining the intellectual history. (2) What are the impacts of such (mis)understanding on international law? It analyzes impacts from both the inside discussions (debates surrounding sources of international law), as well as the outside critique (critical legal study)? (3) How can international law benefit from a legal positivist, but not necessarily voluntarist, approach? It analyzes the payoff of such a clarified picture of legal postivism.Past research interests
One of her previous research project concerns immunity of state officals, especially those accused of international crimes. The project focuses on certain controversial issues in this legal regime, including: (1) Whether there are exceptions to the immunity of state officials who are accused of international crimes, and what is the rationale behind? (2) Whether state officials of non-state parties to Rome Statute are entitled to invoke immunity when arrested by state parties?Invited speaker
2023.10
Main speaker
Edinburgh Legal Theory Research Group (UK)-Topic 'One Myth about Legal Positivism in International Law: What and Why?'
2023.07
Main speaker
Topic 'Do States Party to the International Criminal Court Statute have the Obligation to Arrest Vladimir Putin?: Immunity of State Officials of Non-Party States in the Enforcement Proceedings of the International Criminal Court' (online)
2023.03
Discussant
Workshop 'Two Kinds of Legal Formalism' in Edinburgh Law School (UK)
2022.08
Main speaker
Law School of Shantou University (online)-Topic 'Identification of Customary International Law and the Validity of International Law'
2022.07
Presenter
2022 Asian Society of International Law Junior Scholar Workshop (online)
2022.06
Presenter
2022 Edinburgh Postgraduate Law Conference (UK)
2022.05
Presenter
Academic Forum in School of Law in Renmin University of China (online)
2022.04
Presenter
Workshop 'Thinking the Unthinkable: Beyond International Law's Imaginaries' in University of Manchester (UK)
2019.12
Presenter
2019 Annual Meeting of Beijing Society of International Law (China)
Organiser
Convenor for Edinburgh Legal Theory Research Group
2024
Yawen Zheng, Qing Cai, Yunqing Liu, 'Governing Investments on Mars: Why A “Host State” is Needed', Florida Journal of International Law (English) (forthcoming)
2024.03
Yunqing Liu, 'Revisiting Customary International Law Avenue: Immunity of State Officials of Non-Party States in the Enforcement Proceedings of the International Criminal Court', 23 Chinese Journal of International Law 123-149 (English)(SSCI)
<https://doi.org/10.1093/chinesejil/jmae011>
2023.04
Yunqing Liu, 'Do States Party to the International Criminal Court Statute have the Obligation to Arrest Vladimir Putin?', Blog of European Journal of International Law (EJIL: TALK) (English)
2021.09
Yunqing Liu, ‘Submission of Evidence and the Obligation to Cooperate in International Court of Justice’, (2021) Journal of International Law 101-126. (Chinese)
《国际法院证据提交问题中的争端当事国合作义务》，载《国际法学刊》 2021年第3期
2021.08
Zhang Haiwen, Yu Mincai, Liu Yunqing, Li Xiuxia eds., Selected Documents and Materials of China’s Position and Statements on the South China Sea Arbitration, Wells-Hein, 2021. (English)
2021.06
Yunqing Liu, ‘Chain of Evidence in Sino-Japan Diaoyu Islands Territorial Dispute’, (2021) 3 Nanjing University Law Journal 22-40. (Chinese)(CSSCI)
《领土争端中证据链的价值与应用》，载《南大法学》2021年第3期（CSSCI），人大复印资料《法学文摘》2021年4期转载
*This paper was awarded the First Prize in 2020 Annual Meeting of Beijing Society of International law.
2020.07
Yunqing Liu, 'The Analysis on the Precautionary Principle's Status as Customary International Law', (2020) 4 Chinese Review of International Law 69-93. (Chinese)(CSSCI)
《预防原则的习惯国际法地位分析》，载《国际法研究》2020年第4期（CSSCI），人大复印资料《国际法学》2021年1期全文转载
2022.02/2023.02
Judge in Philip C. Jessup International Law Moot Court (Chinese National Round)
2022.12
Judge in Price Media Law Moot Court (Chinese National Round)
2021.01
Participant in Hague Academy of International Law
2019.07
Participant in Xiamen Academy of International Law
2017.08
Participant in Foreign Direct Investment Arbitration Moot Court (Asia-Pacific round): Best Memorial
2017.05
Participant in Frankfurt Investment Arbitration Moot Court (National round): Championship/Best Oralist
2017.02
Participant in Philip C. Jessup International Law Moot Court (National round): Runner-up