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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 31 (2013)
Series:
Editor:
The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan. This volume discusses issues on Cross-Straits relations, Hong Kong, South China Sea disputes, and Japanese cases relating to war compensation. It provides a detailed account of the 2013 Guang Da Xing No. 28 incident and Taiwan’s participation in the International Civil Aviation Organization and free trade agreements with New Zealand and Singapore.
Ying-jeou Ma, S.J.D. (1981), Harvard Law School, is formerly President of the Republic of China (Taiwan).
PREFACE
Ying-jeou Ma
ARTICLES
Roda Mushkat, The Intricacies of Implementing International Law: A Juxtaposition of Theories with the Actualities of the Sino-British Declaration Regarding the Future of Hong Kong
Erik Franckx & Marco Benatar, The “Duty” to Co-Operate for States Bordering Enclosed or Semi-Enclosed Seas
Irena Ilieva, Countering Terrorism and Protecting Human Rights: An Asian International Legal Dimension
Björn Ahl, Treaty Making by the Chinese Central Government and the Special Administrative Region of Hong Kong
Jure Vidmar, States, Governments, and Collective Recognition
Tomoko Yamashita, Do Jus Cogens Norms Invalidate State Immunity? International Restorative Justice and Japanese War Compensation Cases
SPECIAL REPORT
Michael Sheng-ti Gau, The Prospects for the Sino-Philippine Arbitration on the South China Sea (U-Shaped Line) Dispute
CONTEMPORARY PRACTICE AND JUDICIAL DECISIONS OF THE REPUBLIC OF CHINA (TAIWAN) RELATING TO INTERNATIONAL LAW, 2013
Compiled by Chun-i Chen, Pasha L. Hsieh, Pei-Lun Tsai, Chun-Liang Lai, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law
Explanatory Note
I. INTERNATIONAL LAW IN GENERAL
Foreign Policy Report, 8th Congress of the Legislative Yuan, 3rd Session (March 18, 2013)
Foreign Policy Report, 8th Congress of the Legislative Yuan, 4th Session (September 25, 2013)
President Ma Ying-jeou’s National Day Address
II. SUBJECTS OF INTERNATIONAL LAW
III. INTERNATIONAL ORGANIZATIONS
General
Republic of China (Taiwan) and Intergovernmental Organizations
Republic of China (Taiwan) and International Non-Intergovernmental Organizations
International Civil Aviation Organization
ICAO Invites the Republic of China (Taiwan) to Attend the 38th Session of the ICAO Assembly
Letter from the Director-General of the Civil Aeronautics Administration (CAA) to the President of the Council of the International Civil Aviation Organization (ICAO)
IV. INDIVIDUALS
President Ma Welcomes International Experts to Taiwan to Review the ROC’s First National Human Rights Report
Supreme Administrative Court Judgment (July 18, 2013) 102-Pan-Zi No. 453
Environmental Impact Assessment, International Covenant on Civil and Political Rights, Legal Interest, Rights to Adequate Living Standards
Police Agency, Ministry of the Interior (October 7, 2013) Jing-Shu-Bao- Zi-10201518811
Freedom of Assembly, International Covenant on Civil and Political Rights, Principle of Proportionality
Supreme Court Judgment (October 21, 2013) 102-Tai-Shang-Zi-4289
Death Penalty, International Covenant on Civil and Political Rights, Mental or Intellectual Disabilities
V. TERRITORY AND TERRITORIAL JURISDICTION
The Republic of China (Taiwan) Protests Vietnam Law Claiming South China Sea Islands
President Ma Attends 2013 (5th) International Conference on Diaoyutai Islands Issue
The Republic of China (Taiwan) Protests the Philippines’ Dispatch of Naval Vessels to Renai Shoal
MOFA’s Position Paper on the Diaoyutai Islands and the East China Sea Peace Initiative
VI. STATE RESPONSIBILITY
VII. THE LAW OF THE SEA, ENVIRONMENT, HEALTH, AND AVIATION
Republic of China (Taiwan) Signs Fisheries Agreement with Japan
ROC Statement on Beijing’s Announcement of the East China Sea Air Defense Identification Zone
National Security Council of the ROC Responds to Beijing’s Announcement of East China Sea Air Defense Identification Zone
Executive Yuan Reaffirms ROC Stance on Mainland China’s Announcement of ADIZ
Guang Da Xing No. 28 Incident (May 9, 2013)
President Ma Holds National Security Council Meeting, Issues Demands Regarding Incident Involving Guang Da Xing No. 28 Fishing Vessel
MAC Position on Mainland China’s Concern over Fatal Shooting of Taiwanese Fisherman by the Philippines
Official Statement of the Republic of China (Taiwan) on the Intentional Shooting Conducted by the Philippine Law Enforcement Vessel Against the Guang Da Xsin 28
The ROC Government Takes a Pragmatic Approach toward Taiwan-Philippines Cooperation in the Investigation of the Guang Da Xing No. 28 Incident
Philippines Violated International Law in the Guang Da Xing No. 28 Incident
MOFA’s Announcement regarding the Restoration of Cooperative and Friendly Relations between the ROC and the Philippines
VIII. THE LAW OF TREATIES
IX. DIPLOMATIC, CONSULAR, AND SIMILAR RELATIONS
Statement by the Republic of China on Its Relations with the Republic of The Gambia
The Government of the Republic of China Terminates Diplomatic Relations with the Republic of The Gambia to Uphold National Dignity and Principles of Viable Diplomacy
X. PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES
East China Sea Peace Initiative Viable Model for Regional Peace
East China Sea Peace Initiative and the Use of Dialogue to Resolve Disputes
MOFA’s Position on the Republic of Korea’s Announcement of Its Air Defense Identification Zone
President Ma Attends Academic Conference on Contemporary International and Transnational Law
XI. ARMS CONTROL, USE OF FORCE, AND INTERNATIONAL CRIMINAL LAW
ROC’s Condemnation of North Korea’s Provocative Nuclear Test
ROC Government Concerned about Use of Chemical Weapons in the Syrian Civil War
XII. INTERNATIONAL ECONOMIC RELATIONS
Supreme Court Decision (January 30, 2013) 102-Tai-Shang-Zi-193
Bankruptcy Order, Hong Kong, Territorialism, Universalism
Intellectual Property Office, Ministry of Economic Affairs (June 21, 2013) Ref. No.: Tian-Tzu-Yu-Chien-Zi-1020621b
Copyright Notice, Principle of Protection upon Creation
Republic of China Signs Economic Cooperation Agreement with New Zealand
The Republic of China (Taiwan) and the Republic of Singapore Sign an Economic Partnership Agreement
Taiwan-New Zealand Economic Cooperation Agreement to Formally Enter into Force December 1, 2013
XIII. PRIVATE INTERNATIONAL LAW
Supreme Court Decision (July 18, 2013) 102-Tai-Shan-Zi-1367
Civil Procedure, Mutual Recognition, Singapore
XIV. OTHERS
Supreme Administrative Court Judgment (March 28, 2013) 102-Pan-Zi No. 137
Peking University, Regulations Governing the Accreditation of Schools in Mainland China
President Ma Attends the Opening Ceremony of the 2013 ILA-ASIL Asia-Pacific Research Forum
President Ma Attends International Conference on 70th Anniversary of Cairo Declaration
Cross-Strait Relations
President Ma Attends Reception to Mark 20th Anniversary of Koo-Wang Talks
MAC’s Statement on Establishing Reciprocal Institutions between the Straits Exchange Foundation (SEF) and the Association for Relations Across the Taiwan Straits (ARATS)
Conclusion of the Ninth Round of Cross-Strait High-Level Talks
President Ma’s Remarks on Benefits of the Cross-Strait Trade in Services Agreement
Realization of “Mutual Non-Denial” and the Normalization of Cross-Strait Official Interactions
TREATIES/AGREEMENTS AND OFFICIAL, SEMI-OFFICIAL OR UNOFFICIAL AGREEMENTS CONCLUDED BY THE REPUBLIC OF CHINA (TAIWAN) WITH OTHER COUNTRIES IN 2013
Compiled by Chun-i Chen, Pasha L. Hsieh, and Pei-Lun Tsai
Chronological List
Selected Texts
Japan
Fisheries Agreement between the Association of East Asian Relations and the Interchange Association, Japan
New Zealand
Agreement between the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu and New Zealand on Economic Cooperation
Singapore
Agreement between Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu on Economic Partnership
United States
Agreement on Privileges, Exemptions and Immunities between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States
TABLE OF CASES
INDEX
GUIDELINES FOR SUBMISSIONS TO THE CHINESE (TAIWAN) YEARBOOK OF INTERNATIONAL LAW AND AFFAIRS
Ying-jeou Ma
ARTICLES
Roda Mushkat, The Intricacies of Implementing International Law: A Juxtaposition of Theories with the Actualities of the Sino-British Declaration Regarding the Future of Hong Kong
Erik Franckx & Marco Benatar, The “Duty” to Co-Operate for States Bordering Enclosed or Semi-Enclosed Seas
Irena Ilieva, Countering Terrorism and Protecting Human Rights: An Asian International Legal Dimension
Björn Ahl, Treaty Making by the Chinese Central Government and the Special Administrative Region of Hong Kong
Jure Vidmar, States, Governments, and Collective Recognition
Tomoko Yamashita, Do Jus Cogens Norms Invalidate State Immunity? International Restorative Justice and Japanese War Compensation Cases
SPECIAL REPORT
Michael Sheng-ti Gau, The Prospects for the Sino-Philippine Arbitration on the South China Sea (U-Shaped Line) Dispute
CONTEMPORARY PRACTICE AND JUDICIAL DECISIONS OF THE REPUBLIC OF CHINA (TAIWAN) RELATING TO INTERNATIONAL LAW, 2013
Compiled by Chun-i Chen, Pasha L. Hsieh, Pei-Lun Tsai, Chun-Liang Lai, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law
Explanatory Note
I. INTERNATIONAL LAW IN GENERAL
Foreign Policy Report, 8th Congress of the Legislative Yuan, 3rd Session (March 18, 2013)
Foreign Policy Report, 8th Congress of the Legislative Yuan, 4th Session (September 25, 2013)
President Ma Ying-jeou’s National Day Address
II. SUBJECTS OF INTERNATIONAL LAW
III. INTERNATIONAL ORGANIZATIONS
General
Republic of China (Taiwan) and Intergovernmental Organizations
Republic of China (Taiwan) and International Non-Intergovernmental Organizations
International Civil Aviation Organization
ICAO Invites the Republic of China (Taiwan) to Attend the 38th Session of the ICAO Assembly
Letter from the Director-General of the Civil Aeronautics Administration (CAA) to the President of the Council of the International Civil Aviation Organization (ICAO)
IV. INDIVIDUALS
President Ma Welcomes International Experts to Taiwan to Review the ROC’s First National Human Rights Report
Supreme Administrative Court Judgment (July 18, 2013) 102-Pan-Zi No. 453
Environmental Impact Assessment, International Covenant on Civil and Political Rights, Legal Interest, Rights to Adequate Living Standards
Police Agency, Ministry of the Interior (October 7, 2013) Jing-Shu-Bao- Zi-10201518811
Freedom of Assembly, International Covenant on Civil and Political Rights, Principle of Proportionality
Supreme Court Judgment (October 21, 2013) 102-Tai-Shang-Zi-4289
Death Penalty, International Covenant on Civil and Political Rights, Mental or Intellectual Disabilities
V. TERRITORY AND TERRITORIAL JURISDICTION
The Republic of China (Taiwan) Protests Vietnam Law Claiming South China Sea Islands
President Ma Attends 2013 (5th) International Conference on Diaoyutai Islands Issue
The Republic of China (Taiwan) Protests the Philippines’ Dispatch of Naval Vessels to Renai Shoal
MOFA’s Position Paper on the Diaoyutai Islands and the East China Sea Peace Initiative
VI. STATE RESPONSIBILITY
VII. THE LAW OF THE SEA, ENVIRONMENT, HEALTH, AND AVIATION
Republic of China (Taiwan) Signs Fisheries Agreement with Japan
ROC Statement on Beijing’s Announcement of the East China Sea Air Defense Identification Zone
National Security Council of the ROC Responds to Beijing’s Announcement of East China Sea Air Defense Identification Zone
Executive Yuan Reaffirms ROC Stance on Mainland China’s Announcement of ADIZ
Guang Da Xing No. 28 Incident (May 9, 2013)
President Ma Holds National Security Council Meeting, Issues Demands Regarding Incident Involving Guang Da Xing No. 28 Fishing Vessel
MAC Position on Mainland China’s Concern over Fatal Shooting of Taiwanese Fisherman by the Philippines
Official Statement of the Republic of China (Taiwan) on the Intentional Shooting Conducted by the Philippine Law Enforcement Vessel Against the Guang Da Xsin 28
The ROC Government Takes a Pragmatic Approach toward Taiwan-Philippines Cooperation in the Investigation of the Guang Da Xing No. 28 Incident
Philippines Violated International Law in the Guang Da Xing No. 28 Incident
MOFA’s Announcement regarding the Restoration of Cooperative and Friendly Relations between the ROC and the Philippines
VIII. THE LAW OF TREATIES
IX. DIPLOMATIC, CONSULAR, AND SIMILAR RELATIONS
Statement by the Republic of China on Its Relations with the Republic of The Gambia
The Government of the Republic of China Terminates Diplomatic Relations with the Republic of The Gambia to Uphold National Dignity and Principles of Viable Diplomacy
X. PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES
East China Sea Peace Initiative Viable Model for Regional Peace
East China Sea Peace Initiative and the Use of Dialogue to Resolve Disputes
MOFA’s Position on the Republic of Korea’s Announcement of Its Air Defense Identification Zone
President Ma Attends Academic Conference on Contemporary International and Transnational Law
XI. ARMS CONTROL, USE OF FORCE, AND INTERNATIONAL CRIMINAL LAW
ROC’s Condemnation of North Korea’s Provocative Nuclear Test
ROC Government Concerned about Use of Chemical Weapons in the Syrian Civil War
XII. INTERNATIONAL ECONOMIC RELATIONS
Supreme Court Decision (January 30, 2013) 102-Tai-Shang-Zi-193
Bankruptcy Order, Hong Kong, Territorialism, Universalism
Intellectual Property Office, Ministry of Economic Affairs (June 21, 2013) Ref. No.: Tian-Tzu-Yu-Chien-Zi-1020621b
Copyright Notice, Principle of Protection upon Creation
Republic of China Signs Economic Cooperation Agreement with New Zealand
The Republic of China (Taiwan) and the Republic of Singapore Sign an Economic Partnership Agreement
Taiwan-New Zealand Economic Cooperation Agreement to Formally Enter into Force December 1, 2013
XIII. PRIVATE INTERNATIONAL LAW
Supreme Court Decision (July 18, 2013) 102-Tai-Shan-Zi-1367
Civil Procedure, Mutual Recognition, Singapore
XIV. OTHERS
Supreme Administrative Court Judgment (March 28, 2013) 102-Pan-Zi No. 137
Peking University, Regulations Governing the Accreditation of Schools in Mainland China
President Ma Attends the Opening Ceremony of the 2013 ILA-ASIL Asia-Pacific Research Forum
President Ma Attends International Conference on 70th Anniversary of Cairo Declaration
Cross-Strait Relations
President Ma Attends Reception to Mark 20th Anniversary of Koo-Wang Talks
MAC’s Statement on Establishing Reciprocal Institutions between the Straits Exchange Foundation (SEF) and the Association for Relations Across the Taiwan Straits (ARATS)
Conclusion of the Ninth Round of Cross-Strait High-Level Talks
President Ma’s Remarks on Benefits of the Cross-Strait Trade in Services Agreement
Realization of “Mutual Non-Denial” and the Normalization of Cross-Strait Official Interactions
TREATIES/AGREEMENTS AND OFFICIAL, SEMI-OFFICIAL OR UNOFFICIAL AGREEMENTS CONCLUDED BY THE REPUBLIC OF CHINA (TAIWAN) WITH OTHER COUNTRIES IN 2013
Compiled by Chun-i Chen, Pasha L. Hsieh, and Pei-Lun Tsai
Chronological List
Selected Texts
Japan
Fisheries Agreement between the Association of East Asian Relations and the Interchange Association, Japan
New Zealand
Agreement between the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu and New Zealand on Economic Cooperation
Singapore
Agreement between Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu on Economic Partnership
United States
Agreement on Privileges, Exemptions and Immunities between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States
TABLE OF CASES
INDEX
GUIDELINES FOR SUBMISSIONS TO THE CHINESE (TAIWAN) YEARBOOK OF INTERNATIONAL LAW AND AFFAIRS
All interested in legal and political issues related to the Asia-Pacific and Greater China, and anyone concerned with Taiwan’s state practice in international law.