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
- 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
- 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
- Spratly Islands Dispute in the South China Sea: Potential Solutions
The Spratly Islands dispute is an ongoing territorial dispute between China, Taiwan, Malaysia, the Philippines, Vietnam and Brunei, concerning territorial sovereignty over the Spratly Islands. This conflicting territorial claim between these coastal parties is raising tensions in Asia, so the settlement of this dispute is of key importance for a peaceful atmosphere in the area. The dispute is also significant in respect of being an international geo-strategic, economic, political and legal matter. After a 1988 armed conflict between Vietnamese and Chinese forces, the claimants have looked for approaches to solve the conflict peacefully through different informal endeavors, but due to the complexity of the dispute there are a number of barriers to reaching a permanent settlement. This study puts forward some potential approaches for resolving the dispute, considering its complex nature, by evaluating the six parties’ competing claims and analyzing the legal soundness of their claims.
- 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 ...
- 'Human Dignity' as an Indispensable Requirement for Sustainable Regional Economic Integration
This article proposes the principle of human dignity as an indispensable requirement for sustainable regional economic integration, especially in East Asia. The contribution of free trade to economic growth and development is widely acknowledged. The economic survival of workers and farmers lacking ...
- 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...
- 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...
- 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...
- Enabling Law and Policy Environment for Climate Technology Transfer: From Perspectives of Host Countries
Climate friendly technologies contribute to tackling global climate crisis and the dynamic transfer of these technologies is important to achieve universal climate actions. The UNFCCC, and its recent Paris Agreement, have introduced international assistance to promote climate related-technology...
- Is Dumping Still Harmful? New Thinking on Antidumping in the Global Free Trade
The debate on whether antidumping law should be integrated into competition law is a relatively new but very significant one. Building on prior scholarship, this paper attempts to contribute to the debate by reexamining the fundamental justification of antidumping law. An exploration into the...
- The UNCLOS and the US-China Hegemonic Competition over the South China Sea
The South China Sea is a semi-enclosed sea with a complex set of territorial claims by a number of Southeast Asian nations and China being the dominant claimant country. The United States is not a party to such claims. However, the US has great concerns pertaining to peace and stability of the...
- Who Threatens Whom? The 'Chinese Threat' and the Bush Doctrine
'Chinese threat' is highly controversial in international academia. This article attempts to expose the China threat and provide a comprehensive analysis as to the extent of the so-called threat. The essence of the 'Chinese threat' is based on misunderstandings concerning Chinese culture, on ill-...
- Can the SC Resolution 2270 Stop North Korea's Nuclear Dilemma? From the Geneva Agreed Framework to the Washington Communiqué
The UN Security Council adopted Resolution 2270 against North Korea’s fourth nuclear test on January 6, 2016, and its subsequent rocket launch. This resolution contains tougher sanction measures than any others adopted in the past, but is not expected to effectively stop North Korea’s nuclear...