Description
Book SynopsisThe Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan. This volume discusses issues on Cross-Straits relations, Hong Kong, South China Sea disputes, and Japanese cases relating to war compensation. It provides a detailed account of the 2013 Guang Da Xing No. 28 incident and Taiwan’s participation in the International Civil Aviation Organization and free trade agreements with New Zealand and Singapore.
Table of ContentsPREFACE Ying-jeou Ma ARTICLES Roda Mushkat, The Intricacies of Implementing International Law: A Juxtaposition of Theories with the Actualities of the Sino-British Declaration Regarding the Future of Hong Kong Erik Franckx & Marco Benatar, The “Duty” to Co-Operate for States Bordering Enclosed or Semi-Enclosed Seas Irena Ilieva, Countering Terrorism and Protecting Human Rights: An Asian International Legal Dimension Björn Ahl, Treaty Making by the Chinese Central Government and the Special Administrative Region of Hong Kong Jure Vidmar, States, Governments, and Collective Recognition Tomoko Yamashita, Do Jus Cogens Norms Invalidate State Immunity? International Restorative Justice and Japanese War Compensation Cases SPECIAL REPORT Michael Sheng-ti Gau, The Prospects for the Sino-Philippine Arbitration on the South China Sea (U-Shaped Line) Dispute CONTEMPORARY PRACTICE AND JUDICIAL DECISIONS OF THE REPUBLIC OF CHINA (TAIWAN) RELATING TO INTERNATIONAL LAW, 2013 Compiled by Chun-i Chen, Pasha L. Hsieh, Pei-Lun Tsai, Chun-Liang Lai, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law Explanatory Note I. INTERNATIONAL LAW IN GENERAL Foreign Policy Report, 8th Congress of the Legislative Yuan, 3rd Session (March 18, 2013) Foreign Policy Report, 8th Congress of the Legislative Yuan, 4th Session (September 25, 2013) President Ma Ying-jeou’s National Day Address II. SUBJECTS OF INTERNATIONAL LAW III. INTERNATIONAL ORGANIZATIONS General Republic of China (Taiwan) and Intergovernmental Organizations Republic of China (Taiwan) and International Non-Intergovernmental Organizations International Civil Aviation Organization ICAO Invites the Republic of China (Taiwan) to Attend the 38th Session of the ICAO Assembly Letter from the Director-General of the Civil Aeronautics Administration (CAA) to the President of the Council of the International Civil Aviation Organization (ICAO) IV. INDIVIDUALS President Ma Welcomes International Experts to Taiwan to Review the ROC’s First National Human Rights Report Supreme Administrative Court Judgment (July 18, 2013) 102-Pan-Zi No. 453 Environmental Impact Assessment, International Covenant on Civil and Political Rights, Legal Interest, Rights to Adequate Living Standards Police Agency, Ministry of the Interior (October 7, 2013) Jing-Shu-Bao- Zi-10201518811 Freedom of Assembly, International Covenant on Civil and Political Rights, Principle of Proportionality Supreme Court Judgment (October 21, 2013) 102-Tai-Shang-Zi-4289 Death Penalty, International Covenant on Civil and Political Rights, Mental or Intellectual Disabilities V. TERRITORY AND TERRITORIAL JURISDICTION The Republic of China (Taiwan) Protests Vietnam Law Claiming South China Sea Islands President Ma Attends 2013 (5th) International Conference on Diaoyutai Islands Issue The Republic of China (Taiwan) Protests the Philippines’ Dispatch of Naval Vessels to Renai Shoal MOFA’s Position Paper on the Diaoyutai Islands and the East China Sea Peace Initiative VI. STATE RESPONSIBILITY VII. THE LAW OF THE SEA, ENVIRONMENT, HEALTH, AND AVIATION Republic of China (Taiwan) Signs Fisheries Agreement with Japan ROC Statement on Beijing’s Announcement of the East China Sea Air Defense Identification Zone National Security Council of the ROC Responds to Beijing’s Announcement of East China Sea Air Defense Identification Zone Executive Yuan Reaffirms ROC Stance on Mainland China’s Announcement of ADIZ Guang Da Xing No. 28 Incident (May 9, 2013) President Ma Holds National Security Council Meeting, Issues Demands Regarding Incident Involving Guang Da Xing No. 28 Fishing Vessel MAC Position on Mainland China’s Concern over Fatal Shooting of Taiwanese Fisherman by the Philippines Official Statement of the Republic of China (Taiwan) on the Intentional Shooting Conducted by the Philippine Law Enforcement Vessel Against the Guang Da Xsin 28 The ROC Government Takes a Pragmatic Approach toward Taiwan-Philippines Cooperation in the Investigation of the Guang Da Xing No. 28 Incident Philippines Violated International Law in the Guang Da Xing No. 28 Incident MOFA’s Announcement regarding the Restoration of Cooperative and Friendly Relations between the ROC and the Philippines VIII. THE LAW OF TREATIES IX. DIPLOMATIC, CONSULAR, AND SIMILAR RELATIONS Statement by the Republic of China on Its Relations with the Republic of The Gambia The Government of the Republic of China Terminates Diplomatic Relations with the Republic of The Gambia to Uphold National Dignity and Principles of Viable Diplomacy X. PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES East China Sea Peace Initiative Viable Model for Regional Peace East China Sea Peace Initiative and the Use of Dialogue to Resolve Disputes MOFA’s Position on the Republic of Korea’s Announcement of Its Air Defense Identification Zone President Ma Attends Academic Conference on Contemporary International and Transnational Law XI. ARMS CONTROL, USE OF FORCE, AND INTERNATIONAL CRIMINAL LAW ROC’s Condemnation of North Korea’s Provocative Nuclear Test ROC Government Concerned about Use of Chemical Weapons in the Syrian Civil War XII. INTERNATIONAL ECONOMIC RELATIONS Supreme Court Decision (January 30, 2013) 102-Tai-Shang-Zi-193 Bankruptcy Order, Hong Kong, Territorialism, Universalism Intellectual Property Office, Ministry of Economic Affairs (June 21, 2013) Ref. No.: Tian-Tzu-Yu-Chien-Zi-1020621b Copyright Notice, Principle of Protection upon Creation Republic of China Signs Economic Cooperation Agreement with New Zealand The Republic of China (Taiwan) and the Republic of Singapore Sign an Economic Partnership Agreement Taiwan-New Zealand Economic Cooperation Agreement to Formally Enter into Force December 1, 2013 XIII. PRIVATE INTERNATIONAL LAW Supreme Court Decision (July 18, 2013) 102-Tai-Shan-Zi-1367 Civil Procedure, Mutual Recognition, Singapore XIV. OTHERS Supreme Administrative Court Judgment (March 28, 2013) 102-Pan-Zi No. 137 Peking University, Regulations Governing the Accreditation of Schools in Mainland China President Ma Attends the Opening Ceremony of the 2013 ILA-ASIL Asia-Pacific Research Forum President Ma Attends International Conference on 70th Anniversary of Cairo Declaration Cross-Strait Relations President Ma Attends Reception to Mark 20th Anniversary of Koo-Wang Talks MAC’s Statement on Establishing Reciprocal Institutions between the Straits Exchange Foundation (SEF) and the Association for Relations Across the Taiwan Straits (ARATS) Conclusion of the Ninth Round of Cross-Strait High-Level Talks President Ma’s Remarks on Benefits of the Cross-Strait Trade in Services Agreement Realization of “Mutual Non-Denial” and the Normalization of Cross-Strait Official Interactions TREATIES/AGREEMENTS AND OFFICIAL, SEMI-OFFICIAL OR UNOFFICIAL AGREEMENTS CONCLUDED BY THE REPUBLIC OF CHINA (TAIWAN) WITH OTHER COUNTRIES IN 2013 Compiled by Chun-i Chen, Pasha L. Hsieh, and Pei-Lun Tsai Chronological List Selected Texts Japan Fisheries Agreement between the Association of East Asian Relations and the Interchange Association, Japan New Zealand Agreement between the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu and New Zealand on Economic Cooperation Singapore Agreement between Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu on Economic Partnership United States Agreement on Privileges, Exemptions and Immunities between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States TABLE OF CASES INDEX GUIDELINES FOR SUBMISSIONS TO THE CHINESE (TAIWAN) YEARBOOK OF INTERNATIONAL LAW AND AFFAIRS
