EUR €223.20EUR €186.00 excl. VAT
Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 38, 2020
Series:
Volume Editor:
Volume 38 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and comparative law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2020. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific.
Ying-jeou Ma, S.J.D. (1981), Harvard Law School, is formerly President of the Republic of China (Taiwan).
Preface
Neo-Liberal, State-Capitalist and Ordo-Liberal Conceptions of World Trade: The Rise and Fall of theWTO Dispute Settlement System
Ernst-Ulrich Petersmann
Why China Finds It Difficult to Enable the Rule of Law
David KC Huang & Nigel N.T. Li
All Words and No Action Korea’sFTA Experience in Addressing Investigating Authorities’ Discretion in Trade Remedy Investigations and Ensuing Implication
Jaemin Lee
The Rebirth of Hong Kong’s Rule of Law
Benny Yiu-ting Tai
Cybersecurity is National Security: Can Taiwan Have the Digital Cake and Eat It Too?
Bo-jiun Jing
A Story of Two Disputes: (Potential) Investment Claims that hit Taiwan under the Singapore-TaiwanFTA (ASTEP )
Jeffrey (Chieh) Lo
Issues Decisive for China’s Rise and Fall: An International Law Perspective by Yuwa Wei Springer (2019), pp.XXV , 203
Punsara Amarasinghe & Sanjay Rajhans
Compiled by Chun-i Chen, Pasha L. Hsieh, Chun-Liang Lai, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law
Explanatory Note
I International Law in General
Inaugural Address ofROC 15th-Term President Tsai Ing-wen
II Subjects of International Law
III International Organizations
MOFA Signs International Cooperation and Development Assistance Agreements with Five Taiwan NGO s
MOFA Calls on WHO to Take Neutral, Professional Stance Facilitating Taiwan’s Full Participation and Contributions
MOFA Thanks Diplomatic Allies, Like-Minded Countries for Strong Support Extended at Virtual 73rd WHA for Taiwan’s Participation in WHO
President Tsai Addresses Copenhagen Democracy Summit via Video
MOFA Sincerely Appreciates Broad International Support for Taiwan’s 2020 UN Campaign
MOFA Expresses Sincere Gratitude for Unprecedented International Support at the Resumed Session of the 73rd WHA
IV Individuals
Supreme Administrative Court Administrative Ruling (May 21, 2020) 109-Tsai-Zi 788
Executive Yuan Releases Third National Reports on Human Rights Covenants
Supreme Court Criminal Ruling (September 2, 2020) 109-Tai-Kang-Zi 1082
Cabinet Approves Draft Bill on Implementation of UN Convention against Torture
Ministry of Justice, the Executive Yuan (December 31, 2020) Fa-Lu-Zi-10903517980
V Territory and Territorial Jurisdiction
MOFA Reiterates South China Sea Islands Are Part of R.O.C. Territory; R.O.C. Is Entitled to All Rights over South China Sea Islands and Their Relevant Waters in Accordance with International Law and Law of the Sea
VI State Responsibility
VII The Law of the Sea, Environment, Health, and Aviation
NCDR Inks Disaster Management Pacts with Nepal Municipalities
In Line with the Trend of Green Recovery, Taiwan and EU Jointly Create a New International Circular Value Chain
VIII The Law of Treaties
Public Construction Commission, the Executive Yuan (February 12, 2020) Gong-Cheng-Qi-Zi-1090100125
IX Diplomatic, Consular and Similar Relations
MOFA Announces Donation of 10 Million Face Masks to the US, Europe, Diplomatic Allies to Extend Humanitarian Assistance in Wake of COVID -19
Taiwan Announces Mutual Establishment of Representative Offices with Republic of Somaliland
TheROC (Taiwan) Reestablishes Taipei Economic and Cultural Office in Guam
President Tsai Addresses Indo-Pacific Leaders Dialogue Session
MOFAA announces Signing of Taiwan-US Scientific and Technological Cooperation Agreement under the Economic Prosperity Partnership Dialogue Framework
X Peaceful Settlement of International Disputes
XI Arms Control, Use of Force and International Criminal Law
President Tsai Directs Foreign Minister to Express Condolences to France Following Terror Attacks, Ensure the Safety of Expatriates
President Tsai Directs Foreign Ministry to Convey Condolences to Austria Following Terror Attack, and Ensure Safety of Expatriates
XII International Economic Relations
Taiwan and Germany Enhanced Cross-Border Banking and Insurance Supervisory Cooperation
TECO Inks Organic Food Agreement with New Zealand’s NZCIO
Ministry of Economic Affairs, the Executive Yuan (April 7, 2020) Jing-Shang-Zi-10900550200
Taiwan SharesCOVID -19 Success Story at APEC Trade Ministers Meeting
President Tsai Issues Remarks Regarding International Trade
Executive Yuan Announces Taiwan-US Framework for Infrastructure Finance and Market Building Cooperation
Leader’s Representative Morris Chang Attends the Virtual 2020APEC Economic Leaders’ Meeting
TECRO Hails Success of First U.S.-Taiwan Economic Prosperity Partnership Dialogue
XIII Private International Law
Supreme Court Ruling (July 3, 2020) 108-Tai-Shang-Da-Zi 980
Supreme Court Civil Ruling (November 11, 2020) 109-Tai-Kang-Zi 1084
XIV Cross-Strait Relations
MAC ’s Statement on the Promulgation and Implementation of the Anti-Infiltration Act Today
MAC Protests against CCP Obstruction of Taiwan’s Participation in the WHO
Humanitarianism and Disease Prevention Must Both be Taken into Account: Cross-Strait Cooperation Required in Evacuation
President Tsai’s Inauguration Address Dedicates to Peaceful and Stable Cross-Strait Relations
MAC Announces Hong Kong Humanitarian Aid Project and Establishes the Taiwan-Hong Kong Office for Exchanges and Services to Provide Necessary Assistance to Hong Kong Citizens
MAC ’s Explanation of Policy Position on the CCP ’s Straits Forum
Remarks by Minister Chen at the International Symposium on Current Issues of Development and Governance in Mainland China
XV Others
Report by Jaushieh Joseph Wu, Minister of Foreign Affairs of the Republic of China (Taiwan), at the Foreign and National Defense Committee of the Legislative Yuan on September 28, 2020
Compiled by Chun-i Chen, Kai-Chih Chang, and Pasha L. Hsieh
Chronological list
Selected Texts
Australia
Background
Through this Arrangement, the Parties Intend to
Belize
Indonesia
Kosovo
Somaliland
Switzerland
United States of America
Index
Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs
Articles
Neo-Liberal, State-Capitalist and Ordo-Liberal Conceptions of World Trade: The Rise and Fall of the
Ernst-Ulrich Petersmann
Why China Finds It Difficult to Enable the Rule of Law
David KC Huang & Nigel N.T. Li
All Words and No Action Korea’s
Jaemin Lee
Special Reports
The Rebirth of Hong Kong’s Rule of Law
Benny Yiu-ting Tai
Cybersecurity is National Security: Can Taiwan Have the Digital Cake and Eat It Too?
Bo-jiun Jing
A Story of Two Disputes: (Potential) Investment Claims that hit Taiwan under the Singapore-Taiwan
Jeffrey (Chieh) Lo
Book Review
Issues Decisive for China’s Rise and Fall: An International Law Perspective by Yuwa Wei Springer (2019), pp.
Punsara Amarasinghe & Sanjay Rajhans
Contemporary Practice and Judicial Decisions of the Republic of China (Taiwan) Relating to International Law, 2020
Compiled by Chun-i Chen, Pasha L. Hsieh, Chun-Liang Lai, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law
Explanatory Note
I International Law in General
Inaugural Address of
II Subjects of International Law
III International Organizations
President Tsai Addresses Copenhagen Democracy Summit via Video
IV Individuals
Supreme Administrative Court Administrative Ruling (May 21, 2020) 109-Tsai-Zi 788
Executive Yuan Releases Third National Reports on Human Rights Covenants
Supreme Court Criminal Ruling (September 2, 2020) 109-Tai-Kang-Zi 1082
Cabinet Approves Draft Bill on Implementation of UN Convention against Torture
Ministry of Justice, the Executive Yuan (December 31, 2020) Fa-Lu-Zi-10903517980
V Territory and Territorial Jurisdiction
VI State Responsibility
VII The Law of the Sea, Environment, Health, and Aviation
In Line with the Trend of Green Recovery, Taiwan and EU Jointly Create a New International Circular Value Chain
VIII The Law of Treaties
Public Construction Commission, the Executive Yuan (February 12, 2020) Gong-Cheng-Qi-Zi-1090100125
IX Diplomatic, Consular and Similar Relations
Taiwan Announces Mutual Establishment of Representative Offices with Republic of Somaliland
The
President Tsai Addresses Indo-Pacific Leaders Dialogue Session
X Peaceful Settlement of International Disputes
XI Arms Control, Use of Force and International Criminal Law
President Tsai Directs Foreign Minister to Express Condolences to France Following Terror Attacks, Ensure the Safety of Expatriates
President Tsai Directs Foreign Ministry to Convey Condolences to Austria Following Terror Attack, and Ensure Safety of Expatriates
XII International Economic Relations
Taiwan and Germany Enhanced Cross-Border Banking and Insurance Supervisory Cooperation
Ministry of Economic Affairs, the Executive Yuan (April 7, 2020) Jing-Shang-Zi-10900550200
Taiwan Shares
President Tsai Issues Remarks Regarding International Trade
Executive Yuan Announces Taiwan-US Framework for Infrastructure Finance and Market Building Cooperation
Leader’s Representative Morris Chang Attends the Virtual 2020
XIII Private International Law
Supreme Court Ruling (July 3, 2020) 108-Tai-Shang-Da-Zi 980
Supreme Court Civil Ruling (November 11, 2020) 109-Tai-Kang-Zi 1084
XIV Cross-Strait Relations
Humanitarianism and Disease Prevention Must Both be Taken into Account: Cross-Strait Cooperation Required in Evacuation
President Tsai’s Inauguration Address Dedicates to Peaceful and Stable Cross-Strait Relations
Remarks by Minister Chen at the International Symposium on Current Issues of Development and Governance in Mainland China
XV Others
Report by Jaushieh Joseph Wu, Minister of Foreign Affairs of the Republic of China (Taiwan), at the Foreign and National Defense Committee of the Legislative Yuan on September 28, 2020
Treaties/Agreements Concluded by the Republic of China (Taiwan) with Other Countries and Organizations in 2020
Compiled by Chun-i Chen, Kai-Chih Chang, and Pasha L. Hsieh
Chronological list
Selected Texts
Australia
Background
Through this Arrangement, the Parties Intend to
Belize
Indonesia
Kosovo
Somaliland
Switzerland
United States of America
Index
Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs
Academics and practitioners interested in international law issues on Taiwan, Mainland China and the Asia-Pacific.