Journal of East Asia & International Law

Editorial

Issue focus

Prevention of Outer Space Weaponization under International Law: A Chinese Lawyer's Perspective

Since the existing international legal regime governing space weapons is inadequate, the international community is worried about the weaponization of outer space. This paper introduces the efforts and contributions in this regard made by the UN General Assembly, the Conference on Disarmament, the UN Committee for Peaceful Uses of Outer Space and the UN Institute for Disarmament Research. It then analyzes several different approaches to solving the problem of weaponization of outer space, i.e...

Liability Regime of International Space Law: Some Lessons from International Nuclear Law

Since 1960, the international community has established a plenty of multilateral agreements on liability regime for ultra-hazardous activities, particularly in the area of international nuclear and space law. The liability regime of nuclear damage has imposed compensation exclusively on operators of nuclear installations whether private or State under strict liability principle of the international conventions. Moreover, new changes of international nuclear conventions following Chernobyl inc...

Space Traffic Management as a Guiding Principle of the International Regime of Sustainable Space Activities

The necessity of Sustainable Development of Space Activities, which can be seen as a concept receiving some impression from Sustainable Development, has been actively debated over last decade. This paper examines the current status of the international regime of space activities by comparing the international regime of sustainable development and analyzing the norms and principles applied in the Draft Code of Conduct of Space Activities of the EU and the Long Term Sustainability of Space Acti...

The Way Forward for Promoting Awareness of Space Law in Asia: A Proposal for Institutional Capacity Building

International cooperation in outer space affairs has always been considered vital to the development of space activities. Such cooperation happens in different levels and different areas. Regional cooperation is especially meaningful to the regions concerned. We have witnessed important developments of space cooperation in Asia in the last few years. However, the cooperation so far is largely limited to technological aspects. We urgently need to see the cooperation in promoting awareness of s...

Article

Indonesian Customary Law and European Colonialism: A Comparative Analysis on Adat Law

This paper argues that what Van Vollenhoven did in dealing with adat law was in fact part and parcel of the colonial policy to exploit the colony for the benefit of the Dutch and had nothing to do with being‘ a good Samaritan’by saving‘ the other’ legal culture. What he did also was mainly triggered by what I refer to as cultural anxiety. His campaign to promote adat law was intensified by his fear of the rise of Islamic identity that would be used as a rebellious ideology by the people of In...

Notes & Comments

Problems and Practices in Maritime Delimitation in East Asia: With Special Reference to Taiwan

The countries in East Asia continue to have problems in maritime boundary delimitation. The collision on September 7, 2010 between a Chinese fishing vessel (Minjinyu) and a Japanese patrol boat in the waters near Diaoyu/Senkaku Islands is interesting to observe as a step in dispute settlement process. The differences between the PRC and Japan on maritime boundary delimitation for the East China Sea and the legal status of Diaoyu/Senkaku Islands are demonstrated by this incident. To see things...

The Feasibility of Reforming the UN Security Council: Too Much Talk, Too Little Action?

While a broad consensus exists over the necessity of reforming the Security Council, the disagreement among the different groups of member States prevails in great part due to the enlargement and category of membership and the working methods. Such divergence in views attributed to the stalemate in the debate over the Security Council’s reform. However, the recent discussion has gained momentum since the launch of the intergovernmental negotiation at the UN level. The key issues surrounding t...

Regional focus & Controversies

The Whaling Dispute in the South Pacific: An Australian Perspective

In May 2010 Australia commenced litigation against Japan in the International Court of Justice over the legality of Japanese scientific whaling in the Southern Ocean. This article considers the background to the litigation, the basis of Australia’s opposition to whaling, and the grounds upon which Australia is mounting its challenge. The interpretation of the 1946 International Convention for the Regulation of Whaling and the operation of the International Whaling Commission are considered in...

The Whaling Dispute in the South Pacific: A Japanese Perspective

Australia instituted proceedings against Japan before the International Court of Justice alleging that the JARPA II is violating the obligation of ICRW which prohibits the commercial whaling. Japan is strongly protesting against Australia arguing that the JARPA II has been carried out only for research whaling. This paper contains the Japan’s position over the whaling in the South Pacific. The Japan’s arguments are divided into two sections in this paper. First, it will check if whales are tr...

Student Contribution

Rome Statute and India: An Analysis of India?s Attitude towards the International Criminal Court

The International Criminal Court is the first permanent world judicial institution with nearly universal jurisdiction to try individuals accused of war crimes, crimes against humanity, genocide and possible aggression. Curiously, India voted against the Court’s founding instrument, the Rome Statute. The Indian Government has chosen to adopt a‘non-position’on the most important step taken towards establishing genuine accountability for unthinkable atrocities, which reflects a deep seated confu...