Asian Yearbook of International Law

Volume 21 (2015)

Series:

Editors: Seokwoo Lee and Hee Eun Lee
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.
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Biographical Note

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). He is Associate Dean and Professor of Law at Handong International Law School.

Editorial Board

Co-Editors-in-Chief:
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)

Table of contents

Editorial Note
Seokwoo Lee and Hee Eun Lee

Part 1: Articles

1 The South China Sea Arbitration: Selected Legal NotesTed L. McDorman 2 The Political Implications of the South China Sea Ruling on Sino-Philippine Relations and Regional StabilityHsiao-Chi Hsu 3 Award of the Republic of Philippines v. the People’s Republic of China: Legal Implications on the South China Sea DisputesThi Lan Anh Nguyen 4 Political-Legal Implications of the July 2016 Arbitration Decision in the Philippines-PRC Case Concerning the South China Sea: The United States, China, and International LawJacques deLisle 5 The South China Sea Arbitration and Its Implications for ASEAN CentralityAlan H. Yang 6 Caught in the Middle: South Korea and the South China Sea Arbitration DecisionTerence Roehrig 7 Law and Realpolitik: The Arbitral Tribunal’s Ruling and the South China SeaLeszek Buszynski 8 China’s Three Distinctive Assertions under the ‘Nine-dash-line’ Claims and the Annex VII Arbitral Tribunal’s Interpretation of Article 121 Regarding an Island and Rocks under the 1982 un Convention on the Law of the SeaEiichi Usuki
9 South China Sea Arbitration and the Protection of the Marine Environment: Evolution of UNCLOS Part XII Through Interpretation and the Duty to CooperateChie Kojima

Part 2: Notes and Commentaries

10 China’s Deep Seabed Law: Towards “Reasonably Appropriate” Environmental Legislation for Exploration and Exploitation of Deep Sea Minerals in the AreaXiangxin Xu, Guobin Zhang and Guifang (Julia) Xue 11 Further Developments in Fukushima and Other New Movements for Implementing International Human Rights Law in JapanKanami Ishibashi 12 Status and International Cooperation Aspects of Air Quality Control Laws and Policies in KoreaTaegil Kim and Eonkyung Park 13 The Waste You Left Behind: Polluter Liability as Tort Korean Supreme Court Decision (2009 Da 66549)Kyu Rang Kim and Seong Won Lee

Part 3: Legal Materials

14 Participation in Multilateral TreatiesKarin Arts 15 State Practice of Asian Countries in International Law
Sumaiya Khair (Bangladesh)
Kanami Ishibashi (Japan)
Buhm-Suk Baek (Korea)
Shaun Kang (Malaysia)
Jay L. Batongbacal (Philippines)
Jaclyn Neo and Rachel Tan Xi’En (Singapore)
Rachel Tan Xi’En (Singapore)
Danushka S. Medawatte (Sri Lanka)
Kitti Jayangakula (Thailand)
Tran Viet Dung (Vietnam)

Part 4: Literature

16 Book ReviewLowell Bautista 17 International Law in Asia: A Bibliographic Survey – 2015 Lowell Bautista

Part 5: DILA Events

2015 dila International Conference and 2015 DILA Academy & Workshop
Seokwoo Lee and Hee Eun Lee
Articles from Volume 1 to Volume 20 of the Asian Yearbook of International Law

Readership

All interested in International Law and Asian Law.

Index Card

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