I am delighted to present Volume 40 of the Chinese (Taiwan) Yearbook of International Law and Affairs, which includes scholarly writings on a wide range of topics related to the Asia-Pacific region, as well as selected documents reflecting the state practice of the Republic of China (ROC) in 2022.
The Volume begins with an essay in which I reflect on my journey of studying international law and applying it to advancing foreign and cross-strait policies of Taiwan. In particular, I highlight several instances of the effective utilization of international law to resolve disputes and safeguard national interests during my tenure as the ROC President from 2008 to 2016.
The Volume includes four articles: Mr. David Proaño Alcívar of Abcglobaltax S.A (Ecuador) authored the first article. With a focus on the Republic of Kiribati, he explores scenarios for states facing a potential total loss of territory due to climate change and sea level rise, and how their legal status under international law might be affected. The second article was jointly written by Professor Tomas Hamilton of the University of Amsterdam and Mr. Gabriele Caon of the Kosovo Specialist Chambers. They analyze the findings of the United Nations mechanisms that were established to examine allegations of crimes against humanity and serious human rights violations in Myanmar. They consider the applicability of rules concerning individual criminal responsibility to corporate accountability. In the third article, Dr. Sungjin Kang of Kim & Chang (Korea) shed light on the new Digital Economic Partnership Agreement and the Australia-Singapore Digital Economy Agreement. He explains that these agreements may contribute to negotiations of the Indo-Pacific Economic Framework and the European Union (EU)-Association of Southeast Asian Nations (ASEAN) free trade agreement.
In the last article, Mr. Mao-Wei Lo (羅懋緯) of Stanford Law School unveils the forced labor controversies surrounding Taiwan’s distant water fisheries and the relevant domestic and international legal frameworks. He argues that Taiwan’s accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) can help Taiwan address prevailing regulatory and policy shortcomings. This article won the inaugural Hungdah Chiu Memorial Prize for International Law (丘宏達國際法論文獎). Professor Hungdah Chiu was the founding Editor-in-Chief of this Yearbook many decades ago. We hope this prize will encourage younger scholars to focus on international and transnational law issues in Taiwan and the Asia-Pacific.
We included two sections of Special Reports in this volume. The first section focuses on Indo-Pacific strategies and their implications for international law. The four Special Reports were presented at the online forum organized by
The second section focuses on Taiwan’s recent developments in international law. Dr. David KC Huang of O.P. Jindal Global Law School and Professor Nigel N.T. Li (李念祖) of Soochow University offer a doctrinal analysis of different strains of national identity in Taiwan and consider how democracy and democratic values influence the relevant discussions. Professor Tsung-Ling Lee (李崇菱) of Taipei Medical University presents challenges for the World Health Organization and its legal regime during the COVID-19 pandemic. She analyzes Taiwan’s pandemic response and the need for universal participation in the International Health Regulations. Professor Ying-Jun Lin (林映均) of Chung Yuan Christian University reviews Taiwan’s participation in the Asia-Pacific Economic Cooperation (APEC) and provides suggestions for strengthening engagement with APEC members.
This Volume also includes two book reviews. Professor Kuan-Hsiung Wang (王冠雄) of National Taiwan Normal University reviewed “The South China Sea Arbitration: Jurisdiction, Admissibility” by Professor Stefan Talmon. Professor Kai-Chih Chang (張愷致) of Soochow University reviewed “The Resolution of Inter-State Disputes in Civil Aviation” by Dr. Luping Zhang.
Next, the Contemporary Practice section compiles materials related to the 2022 practice of the ROC in various areas of international law, including responses to statements regarding peace and stability of the Taiwan Strait and continued efforts to increase participation in international organizations and enhance bilateral relations with like-minded states. This Volume concludes with the Treaty section, with a chronological list of treaties and agreements concluded by the ROC and other countries or organizations in 2022, and a reproduction of agreements with India, Palestine, Slovakia, and Somaliland.
Lastly, I would like to acknowledge the dedicated efforts of our colleagues, including Chun-i Chen (陳純一), Pasha Hsieh (謝笠天), Han-Wei Liu (劉漢威), Pei-Lun Tsai (蔡沛倫), Kai-Chih Chang (張愷致), Chieh Lo (羅傑),
Ying-jeou Ma (馬英九), S.J.D.
Editor-in-Chief
June 2023
