• Journal of East Asia & International Law

Publisher:
Yijun Institute of International Law
Publication date:
2010-07-21
ISBN:
1976-9229

Description:

Aims to promote research and thinking of legal scholars and practitioners from both East Asia and another regions having its regional focus. The Journal is open to any international and comparative legal concerns and controversies regarding East Asian affairs
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.

Latest documents

  • 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 comply with the recommendations and rulings, a winning party may refer the matter to a compliance panel and the Appellate Body. If a losing party is found to have failed to comply with the recommendations and rulings, DSB may authorize the winning party to retaliate. This article analyzes the implementation system of the WTO dispute settlement procedure in comparison with other systems of ‘second-order’ compliance in international law. Also, attention will be directed to the relationship betwee...

  • 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 economic theories of dumping and the evolution of antidumping law indicates that the current antidumping system neither serves the broad goal of preventing ‘unfair trade’ nor functions as a ‘quasi-safeguard’ mechanism. The only rationale for antidumping law is that it deals with international predatory dumping. Modern competition rules target the same predatory conduct but they are more meticulous than antidumping law and are less susceptible to protectionist abuse. In light of this, the paper advo...

  • Bracing for the Hidden Fallout: Systemic Implications of the Sino-US Trade Disputes at a Time of Changing International Trade Paradigms

    Global trading regimes are currently undergoing significant changes. It is most vividly shown in the recent spread of FTAs and the surge of protectionism. These fast changes pose new challenges to many countries in terms of formulating and implementing their respective trade policies. The increasing confrontation between the United States and China in trade sectors now operates as a multiplier and accelerator of this fast-changing global trade landscape. Recent disputes between the two have underscored fundamental differences in understandings of the legal framework of the WTO Agreements and the nature of the obligations as Members, thereby further raising questions about the reinvigoration of multilateralism. The two countries’ retaliatory initiation of trade disputes against each othe...

  • '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 competitiveness has been, however, endangered, because of the expansion of trade liberalization and investment based on economic integration. Economic integration that ensures human dignity will promote successful and sustainable regional economic integration, by balancing economic prosperity and social integration. In this context, this article reviews the value and concept of human dignity as a goal and principle for regional economic integration. The author contends that neit...

  • 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 region as far as freedom of navigation in the SCS is concerned, which has significant repercussions for its strategic interests. In addition to the utilization of the SCS as an important international trade route, the US is also committed to protect the interests of its allies in the region, as well as those of its companies involved in offshore hydrocarbon activities. In the aftermath of the September 11 terrorist attack, the dynamics of a new world order push the US to strengthen its presence in...

  • 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 consideration of this point, the legal issues surrounding China’s straight baselines and basepoints should be analyzed and evaluated not only from the perspectives of UNCLOS, but also through comparative analyses based on customary international law, State practices, and special circumstances. Many of China’s State practices and laws based on straight baselines are neither in accordance with international laws, nor generally recognized as being in accordance with the international law of the s...

  • Legal Issues of China's Possible Participation in the International Space Station: Comparing to the Russian Experience

    China has made great achievements in space activities in recent years. While emphasizing the principle of self-independence, China also acknowledges the importance of space cooperation. As early as 2001, China indicated its interest in joining the International Space Station. However, no substantive progress has been made concerning China’s participation thus far. This may be a result of political and economic, rather than legal and technical, considerations. There is no doubt that China’s participation shall contribute to the sustainable development of the ISS. China’s participation could also offer an excellent opportunity to reexamine the 1998 framework and clarify or improve certain provisions that exist in the current regime. While technologically ready for participation, China sho...

  • 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 matter. This work revisits the issue of enforced sexual slavery as it stands today. The Japanese practice of enforced sexual slavery was a clear violation of international law at the time. Therefore, individual victims have valid legal claims for reparation against the Japanese government. The first half of this article reconfirms the illegality of the practice of enforced sexual slavery. The remainder summarizes and vindicates the claims of the victims once again. This research suggests how to rem...

  • 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 solution. The author claims that: (1) although some of the historical facts remain unclear, and some people tend to focus too much attention on fact-finding, from the viewpoint of international law, sufficient evidence has been revealed to confirm Japan’s responsibility for its conduct in the Second World War, and Japan does not and should not deny the relevant historical facts; (2) Japan was absolved of its responsibility by the 1965 Agreement in a legal sense; and (3) having said that, this case re...

  • 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 because they are built upon a unilateral interpretation of the UNSC Resolutions and therefore lack legal persuasiveness. Currently, there is seemingly a strong international consensus favoring the demarcation line between airspace and outer space at approximately 100-120 kilometres above the sea level. As the North Korean rockets will likely overflow foreign territories when reaching to this altitude, a trespass claim should therefore have strong legal merits. Moreover, North Korea cannot raise a...

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