I am delighted to present Volume 36 of the Chinese (Taiwan) Yearbook of International Law and Affairs. This volume publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2018.
We include two major articles in this volume. In the first article, Professor Roda Mushkat of Johns Hopkins University provides systematic exploration and reconstruction of scholarly work focused on the economic underpinnings of international legal behavior. In the second article, Professors Christopher Chen (陳肇鴻) and Wai Yee Wan (温慧儀) of Singapore Management University examine related party transactions in the context of the principles of the Organisation for Economic Cooperation and Development (OECD) and the practice of Hong Kong and Singapore.
The Essays and Special Reports section contains contributions from five authors. First, Professor Margaret K. Lewis of Seton Hall University surveys Taiwan’s efforts in pursuing cross-Strait and international cooperation in law enforcement, as well as the challenges to accede to the International Criminal Police Organization (INTERPOL). In the second essay, Professor Julian G. Ku (古舉倫) of Hofstra University analyzes the legislative progress and the binding nature of the 2018 Taiwan Travel Act, which makes it a U.S. policy to allow high-level meetings between US and Taiwanese government officials. Next, Siao-Wun Chiu (邱筱雯) of Duke University introduces Taiwan’s antitrust leniency policy and assesses the regulations and guidelines adopted by the Fair Trade Commission.
In the fourth essay, Professor Weixia Gu (顧維遐) of the University of Hong Kong evaluates the impact of Mainland China’s Belt and Road Initiative (BRI) on the dispute resolution mechanisms in Asia, particularly in arbitral institutions. Lastly, Dr. Huiqin Jiang (姜慧芹) of Singapore Management University examines BRI from a different perspective and focuses on the structure and potential developments of the China International Commercial Court.
This volume also includes a book review authored by Dr. Han-Wei Liu (劉漢威) of Monash University on “Reconceptualizing International Investment Law from the Global South,” which was edited by Professors Fabio Morosini and Michelle Ratton Sanchez Badin. The Contemporary Practice section compiles materials on the ROC’s administrative and judicial practices relating to the New Southbound Policy, fisheries and maritime talks with Japan and the Philippines and other cross-border issues. In addition, the Treaties/Agreements section includes the texts of selected pacts that the ROC concluded with foreign countries and organizations such as the Standards and Metrology Institute for Islamic Countries and the Asia-Pacific Economic Cooperation Secretariat.
I am grateful to the valuable input from our referees, including Yen-Chiang Chang (張晏瑲), Andy Chen (陳志民), Andrew Godwin, Norman Ho (侯孟沅), Yoshimichi Ishikawa (石川義道), Margaret K. Lewis, Yu-Hsin Lin (林郁馨), Han-Wei Liu (劉漢威), Clara Portela, and Omar Ramon. I would also like to thank my colleagues on the editorial board, Professors Chun-i Chen (陳純一), Pasha Hsieh (謝笠天) Pei-Lun Tsai (蔡沛倫) and Kai-Chih Chang (張愷致), and Judges Chun-Liang Lai (賴淳良) and I-Hon Hsiao (蕭一弘), for their hard work. Moreover, the enduring support from Lee & Li Attorneys-at-Law (理律法律事務所) and the Research Center for International Legal Studies of National Chengchi University (政大國際法學研究中心) is greatly appreciated.
Ying-jeou Ma (馬英九), S.J.D.