Pub Date : 2021-12-20DOI: 10.1163/9789004501249_002
Kevin Y. L. Tan
I seem to be getting a lot of requests for ‘reflection’ pieces these days. I’m quite sure it’s more a sign of my advancing years than because I am a legal historian. This ‘reflection’ will be partly historical and partly personal. While the Foundation for the Development of International Law in Asia (DILA) was established in December 1989, I have only been directly involved in its activities since April 1997. I have previously briefly written about the founding of DILA in the pages of this Yearbook.1 While I will try my best to avoid repetition, some material will invariably overlap with that previous reflection. I try to be as accurate as possible in my documentation of events, even if many of the views and perspectives expressed are personal.
{"title":"DILA at 30: A Personal Reflection","authors":"Kevin Y. L. Tan","doi":"10.1163/9789004501249_002","DOIUrl":"https://doi.org/10.1163/9789004501249_002","url":null,"abstract":"I seem to be getting a lot of requests for ‘reflection’ pieces these days. I’m quite sure it’s more a sign of my advancing years than because I am a legal historian. This ‘reflection’ will be partly historical and partly personal. While the Foundation for the Development of International Law in Asia (DILA) was established in December 1989, I have only been directly involved in its activities since April 1997. I have previously briefly written about the founding of DILA in the pages of this Yearbook.1 While I will try my best to avoid repetition, some material will invariably overlap with that previous reflection. I try to be as accurate as possible in my documentation of events, even if many of the views and perspectives expressed are personal.","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115208320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-20DOI: 10.1163/9789004501249_004
M. Seta
Although international law is universally applied, it has been criticised on account that it was established by Western States based on Western values.1 Aside from the validity of such criticism, it is undeniable that most rules of international law originate from European values and experiences. A testament to this is the fact that most provisions in the International Covenant on Civil and Political Rights, a universal human rights treaty, are similar to those of the European Convention on Human Rights and Fundamental Freedoms, which was adopted in Europe almost fifteen years before the universal treaty.2 Furthermore, international criminal law, particularly the crime of genocide, was developed from the European experience of the Holocaust.3 Meanwhile, compared to Europe, other regions have only provided a limited contribution to the development of international law. In particular, in the case of Asia, there seem to be two grounds on which such insufficient contribution originates. First, since it is challenging to define Asia and determine which states belong to it,4 the Asian region seems to entail both vagueness and variety. Therefore, it is difficult to perceive Asian regional contributions, aside from contributions by some Asian States or experts. Second, as sovereignty plays a more critical role in Asian States,5 the rules of international law that by
{"title":"The Asian Contribution to the Development of International Law: Focusing on the ReCAAP","authors":"M. Seta","doi":"10.1163/9789004501249_004","DOIUrl":"https://doi.org/10.1163/9789004501249_004","url":null,"abstract":"Although international law is universally applied, it has been criticised on account that it was established by Western States based on Western values.1 Aside from the validity of such criticism, it is undeniable that most rules of international law originate from European values and experiences. A testament to this is the fact that most provisions in the International Covenant on Civil and Political Rights, a universal human rights treaty, are similar to those of the European Convention on Human Rights and Fundamental Freedoms, which was adopted in Europe almost fifteen years before the universal treaty.2 Furthermore, international criminal law, particularly the crime of genocide, was developed from the European experience of the Holocaust.3 Meanwhile, compared to Europe, other regions have only provided a limited contribution to the development of international law. In particular, in the case of Asia, there seem to be two grounds on which such insufficient contribution originates. First, since it is challenging to define Asia and determine which states belong to it,4 the Asian region seems to entail both vagueness and variety. Therefore, it is difficult to perceive Asian regional contributions, aside from contributions by some Asian States or experts. Second, as sovereignty plays a more critical role in Asian States,5 the rules of international law that by","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"20 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129697476","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-20DOI: 10.1163/9789004501249_003
Seryon Lee
The purpose of this article is to provide an overview of the State Practice section in the Asian Yearbook of International Law from Vol. 1 to Vol. 24 on the occasion of the 25th anniversary issue of the Asian Yearbook of International Law . For the past 24 volumes, state practice rapporteurs from 16 Asian countries 1 have reported various sources of state practice such as legislation, judicial decisions, government statements made at the United Nations and international conferences. As was evident from the voluminous record, the State Practice section from the past volumes covered topics ranging from state immunity, extradition, law of the sea, international human rights, relation ship between international law and domestic law, territorial disputes among others. This collection of state reports revealed continuous efforts from Asian countries to enact the necessary legislation to give domestic effect to inter national treaties to which they assumed an obligation. Such efforts to abide by international obligation were also reflected in a number of court cases by referring to relevant international instruments. One notable point about the state practice of Asian countries is that there were relatively few cases of inter national adjudication among Asian countries. It can be inferred from such a finding that governments of Asian countries have preferred diplomacy over legal adjudication as a way of dispute settlement when faced with a conflict or dispute with other countries. The collection of state report from Asian coun tries over the three decades have undoubtedly contributed to the development of international law as such evidence of state practice forms an essential part of customary international law. country. While distinction between international law and private international law become obscure years, this sought to confine the subject matter primarily related to public international In summary, the contents are summarized in chronological order, and some where are arranged by different of state
{"title":"A Panoramic Review of the State Practice Section in the Asian Yearbook of International Law","authors":"Seryon Lee","doi":"10.1163/9789004501249_003","DOIUrl":"https://doi.org/10.1163/9789004501249_003","url":null,"abstract":"The purpose of this article is to provide an overview of the State Practice section in the Asian Yearbook of International Law from Vol. 1 to Vol. 24 on the occasion of the 25th anniversary issue of the Asian Yearbook of International Law . For the past 24 volumes, state practice rapporteurs from 16 Asian countries 1 have reported various sources of state practice such as legislation, judicial decisions, government statements made at the United Nations and international conferences. As was evident from the voluminous record, the State Practice section from the past volumes covered topics ranging from state immunity, extradition, law of the sea, international human rights, relation ship between international law and domestic law, territorial disputes among others. This collection of state reports revealed continuous efforts from Asian countries to enact the necessary legislation to give domestic effect to inter national treaties to which they assumed an obligation. Such efforts to abide by international obligation were also reflected in a number of court cases by referring to relevant international instruments. One notable point about the state practice of Asian countries is that there were relatively few cases of inter national adjudication among Asian countries. It can be inferred from such a finding that governments of Asian countries have preferred diplomacy over legal adjudication as a way of dispute settlement when faced with a conflict or dispute with other countries. The collection of state report from Asian coun tries over the three decades have undoubtedly contributed to the development of international law as such evidence of state practice forms an essential part of customary international law. country. While distinction between international law and private international law become obscure years, this sought to confine the subject matter primarily related to public international In summary, the contents are summarized in chronological order, and some where are arranged by different of state","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132877448","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-20DOI: 10.1163/9789004501249_008
{"title":"Challenges in Ensuring the Rights of Vietnamese Migrant Workers in the Globalization Context – The Two Sides of the Development Process","authors":"","doi":"10.1163/9789004501249_008","DOIUrl":"https://doi.org/10.1163/9789004501249_008","url":null,"abstract":"","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121298992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-20DOI: 10.1163/9789004501249_023
Sacha Bachmann, Martinus Prazauskas
This bibliography provides information on books, articles, notes, and other materials dealing with international law in Asia, broadly defined. Only English language publications that are newly published in 2019 or those that were previously published but had updated editions in 2019 are listed in this survey. Please refer to earlier editions of the Asian Yearbook of International Law for earlier bibliographies from earlier editions. Most, if not all, of the materials, can be listed under multiple categories, but each item is listed under a single primary category. However, edited books may appear more than once if multiple chapters from the book are listed under different categories. Readers are advised to refer to all categories relevant to their research. The headings used in this year’s bibliography are as follows:
{"title":"International Law in Asia: A Bibliographic Survey – 2019","authors":"Sacha Bachmann, Martinus Prazauskas","doi":"10.1163/9789004501249_023","DOIUrl":"https://doi.org/10.1163/9789004501249_023","url":null,"abstract":"This bibliography provides information on books, articles, notes, and other materials dealing with international law in Asia, broadly defined. Only English language publications that are newly published in 2019 or those that were previously published but had updated editions in 2019 are listed in this survey. Please refer to earlier editions of the Asian Yearbook of International Law for earlier bibliographies from earlier editions. Most, if not all, of the materials, can be listed under multiple categories, but each item is listed under a single primary category. However, edited books may appear more than once if multiple chapters from the book are listed under different categories. Readers are advised to refer to all categories relevant to their research. The headings used in this year’s bibliography are as follows:","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121509545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-20DOI: 10.1163/9789004501249_024
{"title":"2019 DILA 30th Anniversary International Conference and 2019 DILA Academy & Workshop","authors":"","doi":"10.1163/9789004501249_024","DOIUrl":"https://doi.org/10.1163/9789004501249_024","url":null,"abstract":"","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121108118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-20DOI: 10.1163/9789004501249_007
R. Juwita
Corruption is categorized as an extraordinary crime that requires extraordinary measures to combat it.1 Corruption evolves as a complex issue for civilized nations, therefore, international anti-corruption law requires adaptability to combat corruption at the domestic level. One of the adaptability issues is the balance between human rights protection and anti-corruption measures. Wiretapping, asset freeze, and revocation of the right to be elected are several examples of the intersection between anti-corruption measures and civil and political rights. The United Nations Convention Against Corruption (UNCAC) emphasizes in Article 36 the necessity to establish a national independent anti-corruption agency to effectively combat corruption.2 As part of the commitment to the UNCAC, Indonesia is continuously reforming its national
{"title":"The Amendment of Anti-corruption Law in Indonesia: The Contribution to the Development of International Anti-corruption Law","authors":"R. Juwita","doi":"10.1163/9789004501249_007","DOIUrl":"https://doi.org/10.1163/9789004501249_007","url":null,"abstract":"Corruption is categorized as an extraordinary crime that requires extraordinary measures to combat it.1 Corruption evolves as a complex issue for civilized nations, therefore, international anti-corruption law requires adaptability to combat corruption at the domestic level. One of the adaptability issues is the balance between human rights protection and anti-corruption measures. Wiretapping, asset freeze, and revocation of the right to be elected are several examples of the intersection between anti-corruption measures and civil and political rights. The United Nations Convention Against Corruption (UNCAC) emphasizes in Article 36 the necessity to establish a national independent anti-corruption agency to effectively combat corruption.2 As part of the commitment to the UNCAC, Indonesia is continuously reforming its national","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134147847","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-20DOI: 10.1163/9789004501249_021
{"title":"State Practice Notes on Korea","authors":"","doi":"10.1163/9789004501249_021","DOIUrl":"https://doi.org/10.1163/9789004501249_021","url":null,"abstract":"","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126330060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-20DOI: 10.1163/9789004501249_006
Arron N. Honniball
DILA’s 2020 International Conference theme, “Reshaping International Law in the Asian Century”, does not necessitate the challenging or subversion of established norms. Reshaping may equally occur by reflecting on overlapping fragments of international law that were previously only analyzed in silos. This article identifies a previously overlooked contribution to international law by taking historic fishing rights, a predominantly regional or bilateral custom, and assessing the extent to which it refines the lack of customary law rights for vessels to access foreign ports, an established global norm of international law. This article therefore first proceeds with section 2 charting the lack of any general right of access to foreign ports in the law of the sea. The only widely accepted customary law exception concerns vessels in distress, or a situation of force majeure, where access to port is necessary to preserve human life. Section 3 then introduces the contemporary scope of historic fishing rights, and, more specifically, the recognition of associated rights in the Eritrea/ Yemen – Sovereignty and Maritime Delimitation in the Red Sea Award Stage II (Eritrea/Yemen Award).1 The explicit example of an associated right of access to port for historic fishers necessitates a refinement of the findings in section 2. The conclusion shall place this exceptional right of entry within its wider international law context, namely as an affirmative example of bilateral customary international law.2 Finally, this article concerns the practice of international courts and tribunals in conceptually recognizing a historic fisher’s associated right of access to a port in the law of the sea. This article does not provide an exhaustive account of historic fishing regimes in which an associated access right could apply.
{"title":"The Right of Access to Port and the Impact of Historic Fishing Rights","authors":"Arron N. Honniball","doi":"10.1163/9789004501249_006","DOIUrl":"https://doi.org/10.1163/9789004501249_006","url":null,"abstract":"DILA’s 2020 International Conference theme, “Reshaping International Law in the Asian Century”, does not necessitate the challenging or subversion of established norms. Reshaping may equally occur by reflecting on overlapping fragments of international law that were previously only analyzed in silos. This article identifies a previously overlooked contribution to international law by taking historic fishing rights, a predominantly regional or bilateral custom, and assessing the extent to which it refines the lack of customary law rights for vessels to access foreign ports, an established global norm of international law. This article therefore first proceeds with section 2 charting the lack of any general right of access to foreign ports in the law of the sea. The only widely accepted customary law exception concerns vessels in distress, or a situation of force majeure, where access to port is necessary to preserve human life. Section 3 then introduces the contemporary scope of historic fishing rights, and, more specifically, the recognition of associated rights in the Eritrea/ Yemen – Sovereignty and Maritime Delimitation in the Red Sea Award Stage II (Eritrea/Yemen Award).1 The explicit example of an associated right of access to port for historic fishers necessitates a refinement of the findings in section 2. The conclusion shall place this exceptional right of entry within its wider international law context, namely as an affirmative example of bilateral customary international law.2 Finally, this article concerns the practice of international courts and tribunals in conceptually recognizing a historic fisher’s associated right of access to a port in the law of the sea. This article does not provide an exhaustive account of historic fishing regimes in which an associated access right could apply.","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128212934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-20DOI: 10.1163/9789004501249_005
T. V. Dung
Vietnam’s major economic reforms of Doi Moi (Renovation) was launched in 1986 by the Communist Party of Vietnam (CPV) to boost the country’s underperforming economy and restore international ties. Under the Doi Moi policy, the Soviet centrally-planned economy was replaced with a socialist market mechanism, which promoted the concept of a multi-sectoral economy, opendoor policies towards international trade and investment, and recognized private property rights. The leadership of Vietnam has identified investment treaties to be significant for the transition, therefore putting them at the forefront of national economic policy. Vietnam has been active in negotiating and concluding Bilateral Investment Treaties (BIT s), with the view that the treaties would help to attract foreign investments. In addition, the BIT s were also regarded by the government as a diplomatic instrument to foster integration and break the international isolation caused by the US trade embargo.1 Over time, the International Investment Agreements (IIA s) became an important basis to protect Vietnamese investors overseas. The expansion of the IIA network during the last decade is regarded as an important aspect of Vietnamese investment policy. As of 1 January 2019, Vietnam has entered into 67 BIT s other states.2 Among these 67 BIT s, 49 are in effect.3 Additionally, 9 out of 12 free trade agreements (FTA) to which Vietnam
{"title":"Vietnam’s Experiences with International Investment Agreements Governance: Issues and Solutions","authors":"T. V. Dung","doi":"10.1163/9789004501249_005","DOIUrl":"https://doi.org/10.1163/9789004501249_005","url":null,"abstract":"Vietnam’s major economic reforms of Doi Moi (Renovation) was launched in 1986 by the Communist Party of Vietnam (CPV) to boost the country’s underperforming economy and restore international ties. Under the Doi Moi policy, the Soviet centrally-planned economy was replaced with a socialist market mechanism, which promoted the concept of a multi-sectoral economy, opendoor policies towards international trade and investment, and recognized private property rights. The leadership of Vietnam has identified investment treaties to be significant for the transition, therefore putting them at the forefront of national economic policy. Vietnam has been active in negotiating and concluding Bilateral Investment Treaties (BIT s), with the view that the treaties would help to attract foreign investments. In addition, the BIT s were also regarded by the government as a diplomatic instrument to foster integration and break the international isolation caused by the US trade embargo.1 Over time, the International Investment Agreements (IIA s) became an important basis to protect Vietnamese investors overseas. The expansion of the IIA network during the last decade is regarded as an important aspect of Vietnamese investment policy. As of 1 January 2019, Vietnam has entered into 67 BIT s other states.2 Among these 67 BIT s, 49 are in effect.3 Additionally, 9 out of 12 free trade agreements (FTA) to which Vietnam","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130993344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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