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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 40, 2022
Series:
Volume Editor:
Volume 40 of the
Chinese (Taiwan) Yearbook of International Law and Affairs 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 (Taiwan) in 2022. The Yearbook publishes on multidisciplinary topics with a focus on international and transnational law issues regarding the Republic of China (Taiwan), Mainland China, and ASEAN.
Ying-jeou Ma, S.J.D., is the former President of the Republic of China (Taiwan).
Preface
Ying-jeou Ma
Notes on Contributors
Reflections on Why I Studied International Law and How I Used It to Help my Country and People
Ying-jeou Ma
States in Danger of Extinction: The Case of the Republic of Kiribati
David Proaño Alcívar
Corporate Accountability for Atrocity Crimes in Myanmar: Business Complicity in the Investigations of the UN Fact-Finding Mission
Tomas Hamilton & Gabriele Caon
The DEPA and ASDEA: Template for Digital Trade Agreements for Indo-Pacific?
Sungjin Kang
Can the CPTPP Help? The (Un)expected Roles of the CPTPP to Eradicate Forced Labor Issues in Taiwanese Distant Water Fisheries
Mao-wei Lo
Edited by Pasha L. Hsieh
The Indo-Pacific Economic Framework for Prosperity: Promise or Peril for Labor Governance through Trade Instruments?
Desirée LeClercq
The Connectivity in the Indo-Pacific: Policies and Strategies of the ASEAN, the US, and the EU
Yurika Ishii
Sailing between Reefs: Balancing Indonesia’s Maritime Security Cooperation in the Indo-Pacific
Arie Afriansyah & Aristyo Rizka Darmawan
The EU and the Indo-Pacific Region – Prospects of a Green Partnership
Stefanie Schacherer
National Identity in Taiwan: A Doctrinal Analysis through the Lens of Democratism
David KC Huang & Nigel N.T. Li
Taiwan and the 2005 International Health Regulations (IHR): Covid-19 and the Evolving Landscape of Global Health
Tsung-Ling Lee
No Pay, No Gain? APEC and Taiwan’s Experiences
Ying-Jun Lin
Edited by Han-Wei Liu
The South China Sea Arbitration: Jurisdiction, Admissibility, Procedure by Stefan Talmon, Brill/Nijhoff, 2022, xl +407 pp
Kuan-Hsiung Wang
The Resolution of Inter-State Disputes in Civil Aviation by Luping Zhang, Oxford University Press, 2022, xx + 256 pp
Kai-Chih Chang
Compiled by Chun-i Chen, Pasha L. Hsieh, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law
Explanatory Note
I International Law in General
MOFA
Condemns False Claim Regarding Taiwan’s Sovereignty in Joint Statement Issued by China and Russia
MOFA
Condemns Russia’s Decision to Recognize the “Donetsk and Luhansk People’s Republics” in Eastern Ukraine as Sovereign and Independent States
US House Speaker Nancy Pelosi’s Visit to Taiwan Fruitful; Underlines Staunch US Support for Taiwan
MOFA
Response to Comments by US President Joe Biden in an Interview that US Forces Would Assist Taiwan’s Defense in the Event of an Attack by China
MOFA
Response to Comments by UK Prime Minister Liz Truss in an Interview that the UK is Determined to Work with its Allies to Make Sure Taiwan is Able to Defend itself
MOFA
Strongly Condemns Russian President Vladimir Putin for Making False Claims against Taiwan
MOFA
Response to Japanese Prime Minister Kishida Highlighting Peace and Stability across the Taiwan Strait in Japan-China Leadership Talks
II Subjects of International Law
III International Organizations
Republic of China (Taiwan) and Intergovernmental Organizations
Taiwan Seeks Support for
CPTPP
Bid at
APEC
Trade Meeting
MOFA
Thanks International Community for Strong Support at the 75th
WHA
Faced with China’s Military Threats and Intimidation, the R.O.C. (Taiwan) Government Continues to Seek UN Participation, Urging the UN to Cherish Taiwan’s Efforts and Bring Taiwan into its Fold
MOFA,
MOTC Jointly Declare Determination to Promote Involvement in
ICAO
, Emphasize that China’s Recent Military Exercises in Airspace and Waters around Taiwan Highlight Importance of ICAO Incorporating Taiwan’s Participation
MOFA
Sincerely Thanks International Community for Supporting Taiwan’s Bid to Participate in INTERPOL
IV Individuals
Ministry of Health and Welfare July 8, 2022 Wei-Bu-Hsin-Zi-1111761413
V Territory and Territorial Jurisdiction
VI State Responsibility
VII The Law of the Sea, Environment, Health, and Aviation
VIII The Law of Treaties
IX Diplomatic, Consular and Similar Relations
President Tsai Meets Somaliland Foreign Minister Essa Kayd Mohamoud
President Tsai Attends Ministry of Foreign Affairs 2022 Spring Banquet
Taiwan, the IDB, and Belize Sign Letter of Intent to Boost Employment and Economic Recovery in Belize
President Tsai Meets Guatemalan Foreign Minister Mario Búcaro
Lithuanian Trade Representative Office Opens in Taiwan, Heralding a New Chapter in Bilateral Cooperation
X Peaceful Settlement of International Disputes
XI Arms Control, Use of Force and International Criminal Law
XII International Economic Relations
Taipei High Administrative Court Judgment January 13, 2022 108-Su-Zi 1930
Taiwan to Protect Public Health While Lifting Ban on Japanese Food Imports
Preliminary Announcement Taiwan-Nicaragua FTA to Be Suspended from 1 July 2022
MOEA Announces Expansion of Export Controls on Russia
U.S.-Taiwan Cooperation on Global Semiconductor Supply Chain Resilience Industry Forum
Taiwan Announces Export Controls with respect to Belarus
Taiwan and EU Upgrade the Level of Trade and Investment Dialogue
Taiwan and Lithuania Convene High-Level Agricultural Dialogue Meeting in Taipei to Strengthen Agricultural Cooperation between the Two Countries as well as Public-Private Partnerships
Taiwan and Kosovo Convened Agricultural Ministerial Virtual Meeting to Deepen Agricultural Cooperation and Exchanges between the Two Countries
Taiwan Boosts Semiconductor Industry Support following US Export Controls on China
Executive Yuan Calls on China to Remove Unfair Food Trade Barriers
Taiwan Re-Elected for New Term on APAARI Executive Committee Will Continue to Make Contributions to Agricultural Research and Technological Development in the Asia-Pacific Region
XIII Private International Law
Ministry of the Interior February 22, 2022 Tai-Nei-Hu-Zi-1110105985
Taiwan High Court Civil Judgment October 19, 2022 109-Chung-Shang-41
XIV Cross-Strait Relations
Taiwan’s Independent Judiciary Conducts Fair Trials: Government Solemnly Rejects the CCP’s Unwarranted Meddling and Accusations
Legislative Yuan Passes the “Draft Amendments to Part of the Provisions of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area” to Prevent Illicit Transfer of Core Technology and Illegal Talent Poaching
The “1992 Consensus” is Nonexistent; the Two Sides of the Taiwan Strait Not Subordinate to each Other is the Existing Status Quo
President Tsai Delivers Remarks on the Live-Fire Military Exercises China Conducting in Areas around Taiwan
Remarks by Minister Jaushieh Joseph Wu at the International Press Conference on Taiwan’s Response to China’s Military Provocations
MAC Statement on the CCP White Paper on Taiwan
MOFA Solemnly Denounces, Strongly Condemns China’s Foreign Minister Wang Yi for Distorting Historical Facts, Misrepresenting UN Resolution 2758
Highlights of President Tsai’s National Day Address: Safeguarding Taiwan with “Four Commitments” and “Four Resiliences,” Urging Mainland China to Respect Taiwanese People’s Commitment to Sovereignty and Democracy
XV Others
Taiwan and Israel Sign Joint Declaration on Social Welfare and Social Service Cooperation
Report by Jaushieh Joseph Wu, Minister of Foreign Affairs of the Republic of China (Taiwan), at the Foreign and National Defense Committee of the Legislative Yuan on October 26, 2022
Taiwan and US Sign MOU Institutionalizing Global Partnership in Development and Humanitarian Assistance Cooperation
Compiled by Chun-i Chen, Kai-Chih Chang, and Pasha L. Hsieh.
Chronological List
Selected Texts
Republic of India
Agreement between the Taipei Economic and Cultural Center in India and the India-Taipei Association, Taipei on Mutual Cooperation in the Field of Standardization and Conformity Assessment
State of Palestine
Memorandum of Understanding between the Anti-Money Laundering Division, Investigation Bureau, Ministry of Justice, Republic of China (Taiwan) and the Financial Follow-up Unit, State of Palestine Concerning Cooperation in the Exchange of Financial Intelligence Related to Money Laundering, Associated Predicate Offences and Terrorism Financing
Slovak Republic
Arrangement between the Taipei Representative Office, Bratislava and the Slovak Economic and Cultural Office, Taipei on Judicial Cooperation in Civil and Commercial Matters
Republic of Somaliland
Agreement between the Government of the Republic of China (Taiwan) and the Government of the Republic of Somaliland on Energy and Mineral Resources Cooperation
Index
Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs
Ying-jeou Ma
Notes on Contributors
Essay
Reflections on Why I Studied International Law and How I Used It to Help my Country and People
Ying-jeou Ma
Articles
States in Danger of Extinction: The Case of the Republic of Kiribati
David Proaño Alcívar
Corporate Accountability for Atrocity Crimes in Myanmar: Business Complicity in the Investigations of the UN Fact-Finding Mission
Tomas Hamilton & Gabriele Caon
The DEPA and ASDEA: Template for Digital Trade Agreements for Indo-Pacific?
Sungjin Kang
Can the CPTPP Help? The (Un)expected Roles of the CPTPP to Eradicate Forced Labor Issues in Taiwanese Distant Water Fisheries
Mao-wei Lo
Special Reports: Indo-Pacific Strategies and International Law
Edited by Pasha L. Hsieh
The Indo-Pacific Economic Framework for Prosperity: Promise or Peril for Labor Governance through Trade Instruments?
Desirée LeClercq
The Connectivity in the Indo-Pacific: Policies and Strategies of the ASEAN, the US, and the EU
Yurika Ishii
Sailing between Reefs: Balancing Indonesia’s Maritime Security Cooperation in the Indo-Pacific
Arie Afriansyah & Aristyo Rizka Darmawan
The EU and the Indo-Pacific Region – Prospects of a Green Partnership
Stefanie Schacherer
Special Reports: Taiwan and International Law
National Identity in Taiwan: A Doctrinal Analysis through the Lens of Democratism
David KC Huang & Nigel N.T. Li
Taiwan and the 2005 International Health Regulations (IHR): Covid-19 and the Evolving Landscape of Global Health
Tsung-Ling Lee
No Pay, No Gain? APEC and Taiwan’s Experiences
Ying-Jun Lin
Book Reviews
Edited by Han-Wei Liu
The South China Sea Arbitration: Jurisdiction, Admissibility, Procedure by Stefan Talmon, Brill/Nijhoff, 2022, xl +407 pp
Kuan-Hsiung Wang
The Resolution of Inter-State Disputes in Civil Aviation by Luping Zhang, Oxford University Press, 2022, xx + 256 pp
Kai-Chih Chang
Contemporary Practice and Judicial Decisions of the Republic of China (Taiwan) Relating to International Law, 2022
Compiled by Chun-i Chen, Pasha L. Hsieh, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law
Explanatory Note
I International Law in General
US House Speaker Nancy Pelosi’s Visit to Taiwan Fruitful; Underlines Staunch US Support for Taiwan
II Subjects of International Law
III International Organizations
Republic of China (Taiwan) and Intergovernmental Organizations
Taiwan Seeks Support for
Faced with China’s Military Threats and Intimidation, the R.O.C. (Taiwan) Government Continues to Seek UN Participation, Urging the UN to Cherish Taiwan’s Efforts and Bring Taiwan into its Fold
IV Individuals
Ministry of Health and Welfare July 8, 2022 Wei-Bu-Hsin-Zi-1111761413
V Territory and Territorial Jurisdiction
VI State Responsibility
VII The Law of the Sea, Environment, Health, and Aviation
VIII The Law of Treaties
IX Diplomatic, Consular and Similar Relations
President Tsai Meets Somaliland Foreign Minister Essa Kayd Mohamoud
President Tsai Attends Ministry of Foreign Affairs 2022 Spring Banquet
Taiwan, the IDB, and Belize Sign Letter of Intent to Boost Employment and Economic Recovery in Belize
President Tsai Meets Guatemalan Foreign Minister Mario Búcaro
Lithuanian Trade Representative Office Opens in Taiwan, Heralding a New Chapter in Bilateral Cooperation
X Peaceful Settlement of International Disputes
XI Arms Control, Use of Force and International Criminal Law
XII International Economic Relations
Taipei High Administrative Court Judgment January 13, 2022 108-Su-Zi 1930
Taiwan to Protect Public Health While Lifting Ban on Japanese Food Imports
Preliminary Announcement Taiwan-Nicaragua FTA to Be Suspended from 1 July 2022
MOEA Announces Expansion of Export Controls on Russia
U.S.-Taiwan Cooperation on Global Semiconductor Supply Chain Resilience Industry Forum
Taiwan Announces Export Controls with respect to Belarus
Taiwan and EU Upgrade the Level of Trade and Investment Dialogue
Taiwan and Lithuania Convene High-Level Agricultural Dialogue Meeting in Taipei to Strengthen Agricultural Cooperation between the Two Countries as well as Public-Private Partnerships
Taiwan and Kosovo Convened Agricultural Ministerial Virtual Meeting to Deepen Agricultural Cooperation and Exchanges between the Two Countries
Taiwan Boosts Semiconductor Industry Support following US Export Controls on China
Executive Yuan Calls on China to Remove Unfair Food Trade Barriers
Taiwan Re-Elected for New Term on APAARI Executive Committee Will Continue to Make Contributions to Agricultural Research and Technological Development in the Asia-Pacific Region
XIII Private International Law
Ministry of the Interior February 22, 2022 Tai-Nei-Hu-Zi-1110105985
Taiwan High Court Civil Judgment October 19, 2022 109-Chung-Shang-41
XIV Cross-Strait Relations
Taiwan’s Independent Judiciary Conducts Fair Trials: Government Solemnly Rejects the CCP’s Unwarranted Meddling and Accusations
Legislative Yuan Passes the “Draft Amendments to Part of the Provisions of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area” to Prevent Illicit Transfer of Core Technology and Illegal Talent Poaching
The “1992 Consensus” is Nonexistent; the Two Sides of the Taiwan Strait Not Subordinate to each Other is the Existing Status Quo
President Tsai Delivers Remarks on the Live-Fire Military Exercises China Conducting in Areas around Taiwan
Remarks by Minister Jaushieh Joseph Wu at the International Press Conference on Taiwan’s Response to China’s Military Provocations
MAC Statement on the CCP White Paper on Taiwan
MOFA Solemnly Denounces, Strongly Condemns China’s Foreign Minister Wang Yi for Distorting Historical Facts, Misrepresenting UN Resolution 2758
Highlights of President Tsai’s National Day Address: Safeguarding Taiwan with “Four Commitments” and “Four Resiliences,” Urging Mainland China to Respect Taiwanese People’s Commitment to Sovereignty and Democracy
XV Others
Taiwan and Israel Sign Joint Declaration on Social Welfare and Social Service Cooperation
Report by Jaushieh Joseph Wu, Minister of Foreign Affairs of the Republic of China (Taiwan), at the Foreign and National Defense Committee of the Legislative Yuan on October 26, 2022
Taiwan and US Sign MOU Institutionalizing Global Partnership in Development and Humanitarian Assistance Cooperation
Treaties/Agreements Concluded by the Republic of China (Taiwan) with Other Countries and Organizations in 2021
Compiled by Chun-i Chen, Kai-Chih Chang, and Pasha L. Hsieh.
Chronological List
Selected Texts
Republic of India
Agreement between the Taipei Economic and Cultural Center in India and the India-Taipei Association, Taipei on Mutual Cooperation in the Field of Standardization and Conformity Assessment
State of Palestine
Memorandum of Understanding between the Anti-Money Laundering Division, Investigation Bureau, Ministry of Justice, Republic of China (Taiwan) and the Financial Follow-up Unit, State of Palestine Concerning Cooperation in the Exchange of Financial Intelligence Related to Money Laundering, Associated Predicate Offences and Terrorism Financing
Slovak Republic
Arrangement between the Taipei Representative Office, Bratislava and the Slovak Economic and Cultural Office, Taipei on Judicial Cooperation in Civil and Commercial Matters
Republic of Somaliland
Agreement between the Government of the Republic of China (Taiwan) and the Government of the Republic of Somaliland on Energy and Mineral Resources Cooperation
Index
Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs
Academics and practitioners interested in international law issues on Taiwan, Mainland China, ASEAN, and the Asia-Pacific.