Journal of East Asia & International Law
- Yijun Institute of International Law
- Publication date:
All aspects of international and comparative law applicable to East Asia will be covered by the scope of this Journal. In addition, significant developments relating to East Asia and international law will be dealt with. The Journal tries to bring those topics on the discussion table from an independent viewpoint of East Asia.
The inter-regional character of the Journal is ensured by its Editorial and International Advisory Board drawn from outstanding lawyers from the countries in this region as well as from its global network.
- Nbr. 12-2, November 2019
- Nbr. 12-1, May 2019
- Nbr. 11-2, November 2018
- Nbr. 11-1, May 2018
- Nbr. 10-2, November 2017
- Nbr. 10-1, May 2017
- Nbr. 9-2, November 2016
- Nbr. 9-1, May 2016
- Nbr. 8-2, November 2015
- Nbr. 8-1, May 2015
- Nbr. 7-2, November 2014
- Nbr. 7-1, May 2014
- Nbr. 6-2, November 2013
- Nbr. 6-1, April 2013
- Nbr. 4-2, October 2011
- Nbr. 3-2009, May 2011
- Nbr. 4-1, April 2011
- Nbr. 2-2010, October 2010
- Nbr. 1-2010, April 2010
- Nbr. 2-2009, October 2009
- Japan's Measures on Export Control to the Republic of Korea: From the Perspective of International Law
Japan has argued that its recently introduced export control measures toward the Republic of Korea (ROK) are consistent with relevant international guidelines. The ROK has rejected this view and claims that Japan’s measures are inconsistent with World Trade Organization (WTO) law. If a WTO Panel is established to adjudicate this matter, the national security exception clause, specifically Article XXI of the General Agreement on Tariffs and Trade 1994 (GATT 1994), is likely to be invoked. Russia–Measures concerning Traffic in Transit is one of the few cases in which a WTO Panel has rendered a decision on this article. In general, the doctrine of precedents does not strictly apply; however, it hints that the Panel may require objective arguments to be provided despite the clause’s “self-judging” nature. On its face, Japan appears to have a stronger case, but the Panel would nonetheless be required to make a difficult decision. Keywords: Control, WTO, National Security Exception Cause, Article XXI of GATT 1994, Japan, Republic of Korea
- Who Violated International Law? Critical Analysis of Abe's Export Restrictions to Korea
Tensions are high between Korea and Japan as a result of Japan’s export restrictions on three essential semiconductor materials exported to Korea and the removal of South Korea from their White List of countries. The Abe Administration announced that these measures were necessary to “ensure non-proliferation of weapons-related materials.” However, it is widely suspected that these measures were adopted as a retaliation against the Korean Supreme Court’s decision recognizing compensation for the forced labor victims during the Japanese occupation period. The Korean government filed a complaint concerning these measures at the WTO DSB for resolution under international law. In this research, the authors will critically analyze Japan’s export restrictions under international law to facilitate a peaceful resolution to the current conflict. This paper will tackle the relevant issues under the WTO/GATT regulations and the Korea-Japan Claims Agreement to address the issue of who violated international law. Keywords: Export Restrictions, Semiconductor Materials, White List, WTO, Japan, Korea
- Free Movement of Judgments in Cross-Border Money Laundering Crimes: A Legal Stance toward the ASEAN Legal Integration
Transnational money laundering is a global issue that requires international solutions. This paper examines the concept of Free Movement of Judgments which should be realized in the legal integration process of the ASEAN in order to overcome the negative impacts of money laundering. This research will analyze the regulation for criminalizing money laundering in the ASEAN and compare it with the criminal cooperation in the European Union. The ASEAN Treaty on Mutual Legal Assistance in Criminal Matters (MLAT 2004) is expected to be an alternative to an extradition treaty. If adopting the Free Movement of Judgements, judicial decisions of an ASEAN member country regarding transnational crimes of money laundering would be recognized and implemented in other member’s jurisdiction reciprocally. This adoption is expected to be an effective solution to overcome impunity in cross-border money laundering actors. Keywords: Extradition, MLAT 2004, Money Laundering, ASEAN, Free Movement of Judgments, Integration of Law
- Malaysian Efforts in Combating IUU Fishing: A Legal and Policy Review
Illegal, unreported and unregulated (IUU) fishing may occur on the high seas or within a national jurisdiction. Several factors were identified as contributing to the occurrence of IUU fishing activities, among which is poor governance marked by limited and overlapping enforcement by related authorities. With very limited regional enforcement bodies and the absence of a regional multilateral agreement, IUU fishing is difficult to overcome. It means that issues relating to overfishing and other fishing conflicts like foreign vessels intrusions and use of illegal fishing methods will continue to be a problem. This paper identifies the Malaysia’s legal framework governing IUU fishing, as well as relevant international and regional laws and policies. The paper also discusses the devastating effects of IUU fishing to the global fish stocks and national economy. Although the existing framework is considered comprehensive, it recommends further stringent and fair law enforcement to combat IUU fishing in Malaysia’s waters. Keywords: Ocean Governance, Sustainability, Biodiversity, Fisheries Crime, Malaysia
- Reasonable Restrictions on Freedom of High Seas by 'Marine Protected Areas on the High Seas': An Empirical Research
The UN member states have been consulting on the establishment of high seas MPAs under the BBNJ Agreement since December 2017.This issue brings about the potential conflicts between the jurisdiction of the high seas MPAs and the traditional freedom of the high seas. Although it is generally accepted that the freedom of the high seas can be reasonably restricted, it is acknowledged that there are great controversies among States on the specific forms, approaches and applicable scopes of the restrictions of the high seas freedoms by the high seas MPAs. At present, there are four recognized high seas MPAs in the world. The practice of these four MPAs contributes positively to the interpretation of the reasonable restrictions on the freedom of the high seas. Accordingly, this paper concludes that the international community should gradually carry forward future restrictions on the freedom of the high seas with some suggestions. Keywords: High Seas Marine Protected Areas, Freedom of the High Seas, Reasonable Restrictions, Positivist Analysis
- Space Debris: A New Broadway to Address Organizational and Operational Aspects for Removal
Space debris is a global mounting ultimatum to the enduring maintainability of outer space activities. It ought to be managed from the very beginning. For the last couple of years, collisions have enhanced space debris accumulation, and the rate at which space activities have resulted in the production of debris is at a threshold position in a linear fashion. Ultimately, space has become the rendezvous of space debris. Considering the growing accumulation of debris and the emerging apprehension regarding a horrible strike and collapse of whole space programs, this paper focuses on the legal and administrative challenges. Both developing and developed countries realize the value of a competent regime that could administer, supervise, finance, and promote the research, examination, and development of outer space. Thus, this research suggests an autonomous, competent international space authority be established by a treaty or international agreement following the model of the deep seabed authority because it has similar natural resources but a geographically different location. Keywords: Space Debris, Definition & Identification of Debris, International Space Authority, Durability of Outer Space
- Conflict of Laws in Cross-Strait Air Transport: Issues and Solutions
Since the political and legal systems are different between mainland China and Taiwan, conflict of laws issues arose in both public and private air transport laws after the launch of direct routes. Three models can be used as solutions to these issues: uniform substantive law, conflict of laws, and agreements by private institutions. The uniform substantive law model is ideal but not feasible; the conflict of laws model is possible but not realistic. The agreements by private institutions model respects private autonomy, which seems to be a supplementary yet feasible option with fragmented and conservative characteristics. Based on the characteristics of each model, the ideal way to solve this issue is to prioritise the model of agreements by carriers at this early stage and, finally, to consider uniform conflict of laws rules or substantive law when the opportunity is mature or the ultimate reunification is realised. Keywords: Cross-Strait Direct Flights, Conflict of Laws, Uniform Substantive Law, Interregional Conflict of Laws, Agreement Model
- Obligation to Exchange Views under Article 283 of the United Nations Convention on the Law of the Sea: An Empirical Approach for Improvement
The obligation to exchange views within the UNCLOS did not play its systematic role. The disputing parties are uncertain about the scope, mode, and standard of the obligation to exchange views, with adjudicators demonstrating their subjective tendencies. The low threshold of the provisional jurisdiction of maritime disputes, the emergence of jurisdiction over hybrid disputes, and the congenital deficiency of the dispute settlement mechanism of the UNCLOS address the obligation to exchange views which has not fully reflected the initial legislative intention and aim of the UNCLOS. The South China Sea Arbitration initiated by the Philippines demonstrates that the obligation to exchange views may be perfected and improved, to some extent, by enhancing the parties’ obligation of disclosure and the tribunal’s obligation of review. Where relevant unilateral or bilateral agreements exist regulating such type of disputes before the disputing parties initiate the compulsory arbitration procedure of the UNCLOS, the obligation to exchange views should be conducted with sufficient regard for the existence of such agreement. Keywords: Treaty Interpretation, Obligation to Exchange Views, Obligation to Disclosure, Mixed Disputes
- Regulator-led Resolution in Mass Finance Mis-selling: Implication of the UK PPI Scandal
The resolution process of PPI scandal was led and driven by the UK’s FCA- financial regulator based on powers stipulated in Financial Services and Markets Act 2000. FCA made rules requiring financial institutions concerned to assess mis-selling claims of PPI holders and pay redress to them if mis-selling was found. The opt-out class action, in contrast, is not likely to handle finance mis-selling collectively because commonality requirement is not easily satisfied. The PPI resolution process overcame this problem by assigning the investigation and assessment of individual aspects of the disputes to the financial institutions concerned. This approach is equitable in that financial institutions which are liable to the scandal bears the time and pecuniary cost instead of relying on public resources of courts as in the litigation. The regulator-led resolution can be helpful in designing collective resolution system of finance mis-selling which is characterized as mass victims with small damages. Keywords: Payment Protection Insurance, Mis-selling, Suitability, Consumer Redress Scheme, Class Action, Mass Torts
- The Applicability of Artificial Intelligence in International Law
Law reacts to the progression of scientific technology in the end. Though conservative, changes are beginning to take place due to Artificial Intelligence (AI). AI is automating conventional legal works, creating a new industry namely Legal-Tech. This paper investigates the characteristics and flow of legal-AI and computational law while focusing on the applicability of AI to international law. Mainly, the paper reviews three critical areas: dispute resolution, trial prediction, and machine translation, respectively. International law has different characteristics than the domestic law applied in each country. Unlike domestic law, international law has not been aggregated from a pandect, and it is a still daunting task to draw any meaningful insights for further analysis due mainly to limited data (i.e., trial cases and precedents). Nevertheless, AI is already penetrating the legal ecology system, and international law would eventually accept the influx of such changes exhibiting greater force.
- Trans-Pacific Partnership and the Multilateralization of International Investment Law
The Multilateralization of international investment law has seen repeated disappointments over the past six decades. Current negotiations regarding the Investment Chapter within the Trans-Pacific Partnership Agreement may bring about a new promise for this process. It is necessary for the TPP...
- The Applicability of Artificial Intelligence in International Law
Law reacts to the progression of scientific technology in the end. Though conservative, changes are beginning to take place due to Artificial Intelligence (AI). AI is automating conventional legal works, creating a new industry namely Legal-Tech. This paper investigates the characteristics and flow ...
- Implementation System of the WTO Dispute Settlement Body: A Comparative Approach
The implementation system of the recommendations and rulings of the Dispute Settlement Body is an important component of the WTO dispute settlement procedure. Where there is any disagreement between disputing parties as to the existence or consistency with a covered agreement of measures taken to...
- The Philippine Claim to Bajo de Masinloc in the Context of the South China Sea Dispute
The Philippine claim to Bajo de Masinloc, otherwise referred to as Scarborough Shoal, finds solid basis in international law. The territorial claim of the Philippines over Bajo de Masinloc is strong relative to the claim of China as well as with respect to the principles on the acquisition of...
- International Trade 'from Status to Contract' and Back: A Critique of the NME Normal Value Determination and Beyond
This paper critically examines the normal value determination of NME and its implications for the purpose of contributing to Doha antidumping reform deliberation. From domestic to international arenas, antidumping development sees the significant growth of government paternalistic discretion...
- A Consideration of the so-called Comfort Women Problem in Japan-Korea Relations: Embracing the Difficulties in the International Legal and Policy Debate
The main purpose of this short essay is to mitigate harsh debate about ‘comfort women.’ Although it is not expected to be resolved in the foreseeable future, understanding the structure of the problem based on the fact-finding and legal analysis would enable the two peoples to seek a better...
- Trespass to Airspace: How to Deter North Korea from Its Space Ambitions?
In deterring North Korea from pursuing its space ambitions, the neighbouring States may consider to advance a sovereignty argument that North Korea’s overflying rockets have trespassed to their territorial airspace. The current UNSC Resolution-based arguments may not provide adequate deterrence...
- Legal Feminism and the UN's Gender Mainstreaming Policy: Still Searching for the Blind Spot?
This article primarily assesses feminism's achievements and challenges, particularly within the framework of the UN gender mainstreaming policy. The first part of the article explored different feminist inquiries into general law to question whether such inquiries have been successfully or properly ...
- The Rights of Mongolia's Internal Migrants under International Law: Climatic, Domestic and Commercial Responsibilities
Over the last decade, 350,000 people have moved from Mongolia’s countryside to the suburbs of its capital, Ulaanbaatar, where they live in abject poverty despite the rapid economic development of the country. This article proposes three complementary international legal analyses of this internal...
- To Apply or to Declare, or Both? Links between the Two Types of Intervention under the ICJ Statute
It is conceivable that the construction of a convention is in question in a case brought before ICJ and a State that is a party to the convention but not to the case has legal interests which may be affected by the construction given by the judgment in the case. As hinted at in the Whaling in the...