Asian Yearbook of International Law

Volume 22 (2016)

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.
Open Access

E-Book

Open Access

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

Foundation for the Development of International Law in Asia ( DILA ) Editorial Note   Seokwoo Lee and Hee Eun Lee Peaceful Uses of East Asian Seas: An Editorial Note   Keyuan Zou

Maintaining Maritime Peace and the Law of the Sea

1  Peaceful Use of the Sea and the Rule of Law   Miyoshi Masahiro 2  Peaceful Proposals and Maritime Cooperation between Mainland China, Japan, and Taiwan in the East China Sea: Progress Made and Challenges Ahead   Yann-huei Song 3  The South China Sea Disputes: An Opportunity for the Cross Taiwan Strait Relationship   Yen-Chiang Chang

Peaceful Uses of Marine Resources

4  Management of Fishery Resources: A Starting Point towards Cooperation in the East China Sea   Kuan-Hsiung Wang 5  Framework for the Joint Development of Hydrocarbon Resources   Robert Beckman and Leonardo Bernard 6  The International Legal Obligations of States in Disputed Maritime Jurisdiction Zones and Prospects for Co-operative Arrangements in the East China Sea Region   David M. Ong 7  Joint Development in the South China Sea: Is the Time Ripe?   Jianwei Li and Pingping Chen

Promotion of Marine Scientific Research for Peace

8  Peaceful Use of the Sea and Military Intelligence Gathering in the EEZ Keyuan Zou 9  Marine Data Collection: US Perspectives   J Ashley Roach 10  Voluntary Observing Ship and Marine Scientific Research under the Law of the Sea   Hong Chang

Peaceful Means for Maritime Dispute Resolution

11  Unilateral Actions and the Rule of Law in Maritime Boundary Disputes   Anne Hsiu-An Hsiao 12 Search and Rescue as an Enabler to Stimulate Cooperation in Areas of Tension   Erik Franckx 13 Natural Prolongation and Delimitation of the Continental Shelf beyond 200 nm: the Bangladesh/Myanmar Case   Yao Huang and Xuexia Liao 14 China’s Air Defence Identification Zone: Towards a Crystallization of a New International Custom   Matthias Vanhullebusch 15  Indonesia’s Practice in Combatting Illegal Fishing: 2015–2016   Arie Afriansyah 16  Participation in Multilateral Treaties   Karin Arts 17  State Practice of Asian Countries in International Law 1  Bangladesh 2  Japan 3  Korea 4  Malaysia 5  Philippines 6  Singapore 7  Thailand 8  Vietnam 18  Book Review   Sangmin Shim 19  International Law in Asia: A Bibliographic Survey—2016   Dila Events 20  2016 DILA International Conference and 2016 DILA Academy and Workshop   Seokwoo Lee and Hee Eun Lee

Readership

All interested in International Law and Asian Law.

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