Editorial Note
The 2017 edition (volume 23) of the Asian Yearbook of International Law has a special feature section highlighting current international legal issues facing particular Asian states and is followed by articles; legal materials including a listing of the participation of Asian states in multilateral treaties and a description of the state practice of Asian states in the field of international law; along with a literature section featuring a bibliographic survey of materials dealing with international law in Asia; and finally a summary of the activities undertaken by the Foundation for the Development of International Law in Asia (dila) in 2017.
I Special Feature: Current International Legal Issues of Asian States
The special feature articles were drawn from papers that were presented at the 2019 dila-Korea International Conference held in Seoul, Korea from January 24 to 27, 2019. The theme of the conference was “Asian State Practice of Domestic Implementation of International Law.” Participants were asked to report on the most important international legal issues that the participants’ home countries were facing. The idea was to provide a comprehensive snapshot of those matters affecting their countries and a descriptive account of the issues and provide a short explanation of how international law is being applied.
Muhammad Ekramul Haque, Professor in the Department of Law of the University of Dhaka, begins with his summary of current international legal issues facing Bangladesh. He notes that Bangladesh is an active participant in the international legal system because of its transition as a “Least Developed Country” to a middle-income country. He highlights the issue of refugee law and the Rohingya crisis pointing out that an estimated one million Rohingya reside in Bangladesh due to the difficulties they face in Myanmar. Professor Haque also comments on the issue of Bangladesh’s War Crimes Tribunals noting that they have delivered judgments in 34 cases against 83 criminals of war crimes up until 2018. Next, he looks at the problem Bangladesh has had with Myanmar and India over maritime boundaries and its settlement by the International Tribunal for the Law of the Sea and arbitral tribunal administered by the Permanent Court of Arbitration respectively. Professor Haque then briefly examines Bangladesh’s efforts to combat climate change through various international legal mechanisms along with intellectual property law issues related to the Agreement on Trade-Related
Seokwoo Lee, of the Board of Editors and Professor of International Law at Inha University School of Law, and Seryon Lee, Professor of the School of Law of Chonbuk National University, summarize Korea’s contemporary involvement in international law due in large part due to Korea’s vibrant export-oriented economy, its status as an Asian middle power, and the emergence of a robust Korean democracy. They begin their examination with a look at Korea-Japan relations in the context of history and unresolved issues emanating from Japan’s colonization of Korea and conduct during World War ii with specific reference to the “comfort women” problem and claims for forced labor. Subsequently, they denote issues pertaining to the law of the sea and specifically, relevant national legislation and other maritime issues related to the Arctic region and joint development with Japan. Next, they look at the impact on investment and the environment in Korea along with international security matters in relation to North Korea. Lastly, the topic of refugees is addressed as Korea has become a destination country in recent years.
Mary George, Professor of the Faculty of Law and Institute of Ocean and Earth Sciences of the University of Malaya, follows with a description of Malaysia’s current involvement with international legal issues. She begins with an examination of Malaysia’s air law issues including liability and compensation under the Warsaw and Montreal Conventions and matters arising out of the 1944 Chicago Convention. Then, Professor George goes on to briefly address the matter of refugees observing that Malaysia has not ratified the 1951 Convention relating to the Status of Refugees and its related 1967 Protocol; the 1954 Convention relating to the Status of Stateless Persons; and the 1961 Convention on the Reduction of Statelessness. She then moves on to comment on Malaysia’s understanding of the legal rights and obligations of foreign vessels, including warships in its exclusive economic zone. She then addresses the Lynas Advanced Materials Plant issue and the removal of nuclear waste from Malaysia from the perspective of related international conventions. Afterwards, Malaysia-Singapore relations in the Straits of Johore are examined in the context of the delimitation of the thalweg in the Straits of Johore. Professor George also looks at how Malaysia has implemented the Maritime Labour Convention through its domestic legislation. Next, she reports on Malaysia’s activities in relation to the Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) case at the icj and lastly on Malaysia’s claims in the South China Sea and its position on maritime claims by foreign states.
Next, Rommel J. Casis, Director of the Institute of International Legal Studies and Assistant Professor of the University of the Philippines (UP) Law
Next, Kuan-Hsiung Wang, Professor of the Graduate Institute of Political Science, National Taiwan Normal University, gives his report on current international legal issues facing Taiwan. He begins by noting that Taiwan’s international legal status has been an issue since 1949 and that despite the difficulties with its international legal status given the presence of the Peoples’ Republic of China, it has official diplomatic relations with a number of countries as well as close economic relations with most members of the international community. He then looks to the issue Taiwan faces in relation to concluding international treaties and participating in international organizations. He observes that under the circumstances of the non-recognition of Taiwan, it is difficult for it to conclude agreements with other states. However, he notes that Taiwan is still able to accede to certain agreements for functional purposes. Lastly, he addresses Taiwan’s law of the sea matters and in particular, its maritime claims and fishery disputes in both the East China Sea and South China Sea.
Kitti Jayangakula, Professor of Law of Eastern Asia University School of Law, follows with his description of Thailand’s interaction with international law
Lastly, Trinh Hai Yen, Professor of Law in the Faculty of International Law of the Diplomatic Academy of Vietnam, and Ton Nu Thanh Binh, who is a teaching assistant at the same institution, provide their account of Vietnam’s most significant international legal issues and how international law is being applied in these circumstances. They begin by pointing out the importance of law of the sea matters by introducing Vietnam’s maritime law enforcement agencies, its efforts in the negotiation of the Code of Conduct in the South China Sea and Vietnam’s response to the 2016 South China Sea arbitration. This follows with a treatment of investment and trade issues with respect to the negotiation and conclusion of investment and trade treaties and a description of investment and trade disputes Vietnam has been engaged with through international arbitration and at the wto. Next, they address human rights issues noting Vietnam’s participation in most of the key conventions on basic human rights along with a specific treatment of the protection of persons with disabilities and the prevention of torture. They end their treatment of Vietnam with a look at how Vietnam has engaged in diplomatic protection of its citizens abroad particularly in reference to Vietnamese fishermen.
II Featured Articles
The special issue articles are followed by the first featured article by Ambassador Whiejin Lee who provides an in-depth analysis of “The Enforcement of Human Rights Treaties in Korean Courts”. He notes that the Korean judiciary’s reference to human rights treaties has been expanded in regards to the socially disadvantaged and minorities and that lower courts have on occasion cited to human rights treaties directly. His article examines the ways in which human rights treaties have been invoked and applied in the decisions of the highest courts of Korea and provides suggestions for judicial remedies.
III Legal Materials
The Yearbook from its inception was committed to providing scholars, practitioners, and students with a report on Asian state practice as its contribution to provide an understanding of how Asian states act within the international system and how international law is applied in their domestic legal systems. The Yearbook does this in two ways. First, it records the participation of Asian states in multilateral treaties; and second, it reports on the state practice of Asian states. A number of diligent scholars have provided the Yearbook with reports on the 2017 state practice of their respective countries.
1 Participation in Multilateral Treaties
Karin Arts of the International Institute of Social Studies, Erasmus University Rotterdam in The Hague, the Netherlands, has compiled and edited the participation of Asian states in multilateral treaties for the 2017 calendar year.
2 State Practice of Asian States in the Field of International Law
The State Practice section of the Asian Yearbook of International Law is intended to offer readers of the Yearbook an outline and summary of the activities undertaken by Asian states that have a direct bearing on international law. The national correspondents, listed in the table of contents, have undertaken the responsibility to report on the state practice of their respective countries during the 2017 calendar year. Their submissions describe how these states are applying international law in their domestic legal systems and in their foreign relations.
1 Bibliographic Survey
Christine Sim, of the Board of Editors and of Herbert Smith Freehills, has prepared the bibliography for 2017 which provides information on books, articles, notes, and other materials dealing with international law in Asia.
V dila Activities
The 2017 edition of the Yearbook concludes with a report on the activities undertaken by dila in 2017, namely the annual dila International Conference and DILA Academy and Workshop that was held on June 22 – 24, 2017 at Koguan Law School on the campus of Shanghai Jiao Tong University in Shanghai, China.
Seokwoo Lee
Co-Editor-in-Chief
Hee Eun Lee
Co-Editor-in-Chief