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. 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
- Nbr. 1-2009, April 2009
- Nbr. 2-2008, October 2008
- Nbr. 1-2008, April 2008
- The Aftermath of the US Space Resource Exploration and Utilization Act: What's Left for China?
The US Space Resource Exploration and Utilization Act 2015 aroused heated discussions. The international community has not yet reached consensus on the application of the concept of "common heritage of mankind" in the Moon Agreement. In accordance with the non-appropriation principle in the Outer Space Treaty, outer space is not subject to national appropriation. However, there is a need to balance the common interests of the international society and the interests of the States and private entities which invest heavily in the space resource exploration. The unilateral approach of the US by adopting a national law is not an ideal way to deal with space resource exploration. As a major space-faring nation, China should take a proactive approach in both national legislation and internatio...
- Fundamental Principles of Space Resources Exploitation: A Recent Development of International and Municipal Law
Space law is normally referred to international space law. As national space activities develop, however, national space laws have been legislated in many countries for the development of space resources. These are used to present conflicting cases between national and international space law (corpus juris spatialis internationalis) on the interpretation of space resource exploitation. This study is devoted to bridging the gap between these two legal systems. In this paper, the author will critically review the fundamental principles of space resource exploitation under international law and suggest a direction for setting up national space laws for future space resources. This paper is composed of seven parts, including a short Introduction and Conclusion. Part two will discuss acts pe...
- Historic or Historical? Lost in Translation of 'li shi xing quan li' in the South China Sea Arbitration
In the South China Sea Arbitration, the Chinese term-"li shi xing quan li" was mistranslated into "historic rights short of title," regardless of the official English translation provided by Chinese government and preserved by international organizations. 'quan li' connotes a categorical meaning covering sovereignty and non-sovereignty rights, while "li shi xing" relates to claims and conduct historically before 1982. China's "li shi xing quan li" in the SCS developed with the history of the general category of historic rights-an umbrella concept connoting both exclusive historic title and non-exclusive historic sovereign rights. It included China's exclusive sovereignty over nansha qundao in the SCS and its non-exclusive sovereign rights in part of SCS. The Arbitral Tribunal's negligen...
- Modern-day Slavery at Sea: Human Trafficking in the Thai Fishing Industry
Most of the literature on modern-day slavery focuses on women and children as victims of the sex industry. This disproportionate emphasis on sexual exploitation has resulted in conflation of the term trafficking with prostitution, which has led to an understanding of human trafficking issues as separate from other workplace abuses that amount to slavery. By exploring modern-day slavery in the Southeast Asian fishing industry, this paper may fill a research gap within the study of human trafficking as well as sharpen our awareness of slavery practices, not only in the sex industry, but also in workplaces like fishing vessels and seafood processing factories. This paper will argue that the proximity of modern slavery to sexual exploitation and the lack of differentiation between smuggling...
- A Chinese Perspective of Treaty Interpretation on the Status of Maritime Features: In Response to the South China Sea Arbitration Award
The status of maritime features is one of the core issues in the South China Sea Arbitration. The essence of this issue is territorial sovereignty and maritime delimitation disputes between China and the Philippines. Based on the interception of certain facts and evidence, the Tribunal did not interpret the China's diplomatic position as it wanted, and it had an intensely subjective interpretation of Article 121(3) of the United Nations Convention on the Law of the Sea of 1982. Combined with the Chinese government's positions before and after the publicity surrounding the Award, this paper, which takes the logical approaches of the Award as the main line, focuses on chapter 6 of the Award, raising questions about disputes on the status of maritime features, analyzing the treaty interpre...
- Registration of BBNJ Research Activities: A Move towards Transparency in Research Governance
The Prep Com recommended in July that the UNGA initiate a negotiating conference on areas beyond national jurisdiction. It is widely expected to make such a decision. Then, the long haul negotiation will begin. The 1982 UN Convention on the Law of the Sea does not regulate marine genetic resources in areas beyond the national jurisdiction of States (BBNJ). Part XIII of the Convention could accommodate BBNJ research, but not its governance. The triangulation of three factors-the interim absence of an international framework for governance of BBNJ research, an indirect reference to this issue in the on-going BBNJ deliberations on access and benefit sharing and an interim laissez-faire attitude in BBNJ exploration and exploitation-leads to a need for transparency in governance of BBNJ rese...
- Exploitation and Protection of Biological Resources in Deep Seabed Areas beyond National Jurisdiction: China's Legislation and Practice
On February 26, 2016, PRC Law on the Exploration and Development of Resources in Deep Seabed Areas was adopted. As a landmark marine legislation, this law was formulated in line with the UNCLOS, the Rules of the International Seabed Authority, and the PRC Constitution. It opened a brand new era of marine development and utilization for China under the strategic background of maritime power. Facing the limitation and challenges about the ecosystem and risk prevention brought about by the UNCLOS and the Convention on Biological Diversity 1992, the maritime powers around the world, including China, have been making domestic legislation on the exploitation and protection of seabed resources beyond national jurisdiction. This paper introduces China's policy for the exploitation and developme...
- Human Rights-Based Approach to Science, Technology and Development: A Legal Analysis
The nexus between science and human rights are intertwined in many ways. Though the acknowledgment in international law have been available for decades, the right to savor the fruits of scientific advancement and its applicability has gained just small recognition of the human rights from the international community. A human rights based approach to science, technology, and development endeavors a concern for human rights at the heart of the international community facing with critical global challenges. Thus, the paper initially discusses the relevant international human rights instruments including laws, regulations, declarations, conventions and provides a thorough analysis. The doctrinal and qualitative study of the paper presents human rights approaches in order to show insight on ...
- The Removal of Offshore Installation in Indonesian National Regulation
An offshore installation is built or installed for the purposes of exploration and exploitation in any part of the sea. The offshore installations that are presently in existence reflect great scientific progress in the field of marine resources. However, they become a source of concern when they are no longer in use. Due to the potential to disrupt activities conducted around their location, they interfere with navigational safety. Therefore, it is important to remove such installations. Their removal should be based on the provisions of the IMO Guidelines and Standards. Indonesia is a coastal State and should adhere to the above mentioned guidelines and standard in designing policies and regulations. Keywords : Offshore Installation, International Maritime Organization, UNCLOS, Indonesia
- The Legal and Policy Implications of the US Steel Tariffs on East Asia
Many are crying foul over the Trump Administration's use of steel and aluminum tariffs, claiming that imports are not a threat to the US national security. Rather, it has been argued that the tariffs are a pretext to gain strategic advantage in unrelated trade negotiations. Members of the Trump administration have hailed subsequent trade concessions as proof that the tariffs have been successful, which, if proven, could raise a credible question as to whether the President exceeded the scope of his authority. Domestic and international challenges have already begun with the US courts being a more effective forum to the challenge the legality of the tariffs than the WTO. Keywords : Donald Trump, US Steel, Tariffs, National Security, WTO, Section 232
- '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 ...
- 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...
- Remedying 'Enforced Sexual Slavery': Validating Victims' Reparation Claims against Japan
It has been over two decades since the Japanese practice of enforced sexual slavery began to receive widespread attention. Yet despite numerous international efforts to urge Japan to squarely acknowledge its moral and legal responsibility, there has been no meaningful progress to resolve this...
- 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 ...
- Korea's Refugee Act: A Critical Evaluation under International Law
On December 29, 2011, the National Assembly of the Republic of Korea passed the Law on the Status and Treatment of Refugees, which went into effect on July 1, 2013. The law was the culmination of years of effort by the government, NGOs, UNHCR and the lawmakers. It has been widely praised by civil...
- 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...
- China's Basepoints and Baselines under the United Nations Convention on the Law of the Sea: A Critical Analysis
China’s straight baseline regime deviates from the UN Convention on the Law of the Sea in a number of ways. Such discrepancies are likely to induce legal and political conflicts between countries, and also the settlement of which would not be easy, in particular, among the East Asian countries. In...
- Application of the Law of Self-Determination in a Postcolonial Context: A Guideline
The development of the law of self-determination has been stagnant in terms of scope and content in its application in the postcolonial context. It requires a new paradigm to persuade the United Nations, its specialized agencies and affiliated organizations to address current phenomenon regarding...
- 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...