Asian Yearbook of International Law, Volume 24 (2018)


Editors: and
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics.

The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies.

The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).
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Seokwoo Lee, D.Phil. (2001), Oxford, is Professor of Public International Law at Inha University Law School, Incheon, Korea. He is Founding Co-Editor-in-Chief of the Asia-Pacific Journal of Ocean Law and Policy (APJOLP) and the Executive Editor of the Korean Journal of International and Comparative Law (KJICL).
Hee Eun Lee, J.D., Syracuse University College of Law (honors, 1999), LL.M., New York University School of Law (2002), is the Associate Dean and Professor of Law at Handong International Law School.
Seokwoo LEE (Inha University Law School, Korea)
Hee Eun LEE (Handong International Law School, Korea)

Executive Editor:
Lowell BAUTISTA (University of Wollongong School of Law, Australia)

Editorial Board Members:
Jay BATONGBACAL (University of the Philippines, Philippines)
Tran Viet DUNG (Ho Chi Minh City University of Law, Vietnam)
V.G. HEGDE (Jawaharlal Nehru University, India)
Juwana HIKMAHANTO (Universitas Indonesia, Indonesia)
Kanami ISHIBASHI (Tokyo University of Foreign Studies, Japan)
Kitti JAYANGAKULA (Eastern Asia University, Thailand)
Sumaiya KHAIR (University of Dhaka, Bangladesh)
Jaclyn NEO (National University of Singapore, Singapore)
Jamal SEIFI (IranUnited States Claims Tribunal, The Netherlands)
Liann THIO (National University of Singapore, Singapore)
Dustin KuanHsiung WANG (National Taiwan Normal University, Taiwan)
Guifang Julia XUE (Shanghai Jiao Tong University, China)

Founding General Editors:
KO Swan Sik (Erasmus University at Rotterdam, The Netherlands)
Christopher W PINTO (IranUnited States Claims Tribunal, The Netherlands)
J.J.G. SYATAUW (Institute of Social Studies (ISS), The Netherlands) *Deceased

Key Editors for Previous Volumes:
B.S. CHIMNI (Jawaharlal Nehru University, India)
MIYOSHI Masahiro (Aichi University, Japan)
Javaid REHMAN (Brunel Law School, UK)
Surya SUBEDI (University of Leeds, UK)
Kevin YL TAN (National University of Singapore, Singapore)
Liann THIO (National University of Singapore, Singapore)
Editorial Note
Seokwoo Lee and Hee Eun Lee

Special Feature: Asian State Practice in International Law from the Perspective of Third World Approaches to International Law (TWAIL)

The Centenary of the League of Nations: Colonial India and the Making of International Law
Amritha V. Shenoy

Breaking Bad Customs: Involving the Idea of Opinio Juris Communis in Asian State Practice
Thamil Venthan Ananthavinayagan

Understanding Human Rights from an Eastern Perspective: A Discourse
Ravi Prakash Vyas and Rachit Murarka

Subcontinental Defiance to the Global Refugee Regime: Global Leadership or Regional Exceptionalism?
Jay Ramasubramanyam

Harmonizing UNCITRAL Model Law: A TWAIL Analysis of Cross Border Insolvency Law
Dwayne Leonardo Fernandes and Devahuti Pathak

Use of Force as Self Defence against Non-State Actors and TWAIL Considerations: A Critical Analysis of India’s State Practice
Srinivas Burra

The “ASEAN Way”: A Sore Thumb for ASEAN Solidarity in the Face of an Ailing Global Trade System?
Noel Chow Zher Ming


A Legal Critique of the Award of the Arbitral Tribunal in the Matter of the South China Sea Arbitration
National Institute for South China Sea Studies

Prosecuting Crimes against Humanity before International Crimes Tribunal in Bangladesh: A Nexus with an Armed Conflict
Yudan Tan

Legal Materials

Participation in Multilateral Treaties
Karin Arts

State Practice of Asian Countries in International Law
Sumaiya Khair (Bangladesh)
V.G. Hegde (India)
Kanami Ishibashi (Japan)
Buhm-Suk Baek (Korea)
Shaun Kang (Malaysia)
Amritha V. Shenoy, Ravi Prakash Vyas and Rachit Murarka (Nepal)
Jay L. Batongbacal (Philippines)
Elisabeth Liang and Jaclyn L. Neo (Singapore)
Kitti Jayangakula (Thailand)
Tran Viet Dung (Vietnam)

Book Review
Seokwoo Lee


International Law in Asia: A Bibliographic Survey - 2018
Soyeon Moon

DILA Events

2018 DILA International Conference and 2018 DILA Academy & Workshop
Seokwoo Lee and Hee Eun Lee
All interested in International Law and Asian Law.
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