Volume 37 of the Chinese (Taiwan) Yearbook of International Law and Affairs includes scholarly writings on a wide range of topics of international law and legal practice of the Republic of China (Taiwan) in 2019.
The Chinese (Taiwan) Society of International Law held the International Law Association (ILA)-American Society of International Law (ASIL) Asia-Pacific Research Forum in Taipei on May 17-18, 2019. This volume also includes selected papers presented at the Research Forum, including the speech of ILA President Dr. Christopher Ward who delivered the inaugural Hungdah Chiu Lecture.
The Articles section contains eight papers. The first article, authored by Professor Karsten Nowrot and Dr. Emily Sipiorski of the University of Hamburg, assesses the adoption of empirical methodology and a narrative perspective in international investment law, with a focus on the Asia-Pacific region. In the second article, Professor Chie Sato (佐藤智恵) of Meiji University (Japan) introduces European Union (EU) law and policy on the protection of marine living resources and proposes essential elements for effective protection in the Asia-Pacific region. Next, Professor Gabriele Gagliani of Bocconi University (Italy) evaluates the viability of a free trade agreement between the EU and the Association of South East Asian Nations (ASEAN), based on recently concluded agreements with Singapore and Vietnam. In the fourth article, Professor Lan Ngoc Nguyen and Dr. Yen Hoang Tran of Utrecht University (Netherlands) examine the enforcement power of coastal states over fishing activities in disputed exclusive economic zones that involve the South China Sea.
The fifth article, authored by Dr. Soo-hyun Lee of Lund University (Sweden), reviews the international investment regime of North Korea and identifies regulatory obstacles for foreign investors. In the next article, Professor Richard L. Kilpatrick, Jr. of the College of Charleston (South Carolina, United States), examines North Korean attempts to evade economic sanctions through deceptive maritime activities, and looks at challenges for legitimate shipping industry actors. Dr. Peter Tzeng (曾彼得), a Washington, DC-based lawyer, discusses the review panel mechanism of the South Pacific Regional Fisheries Management Organisation Convention. Lastly, Dr. Lin-Ling Uang (汪林玲) of Taiwan’s Control Yuan (the fifth branch of the Republic of China government, which has the functions of an ombudsman) provides a comparative study of the unique ombudsman systems in Taiwan and mainland China.
In the two Special Reports, Dr. Ming-Yeh Rawnsley (蔡明燁) introduces European and global Taiwan studies and Dr. Intan Soeparna discusses ASEAN’s investment dispute settlement mechanism, respectively. The following Contemporary Practice section includes materials relating to the practice of the Republic of China in the field of international law and affairs in 2019, including those on Taiwan’s continuing quest for participation in inter-governmental organizations and flourishing bilateral relations with other states. The Treaties section contains a chronological list of treaties and agreements concluded in 2019, as well as reproductions of instruments concluded with Denmark, Guatemala, Nauru, and the United States.
This volume is the product of tireless efforts by many colleagues. I would like to thank our referees, including Marco Benatar, Ernest Caldwell (康佩理), Yen-Chiang Chang (張晏瑲), Jean Ho (何沁穎), Norman Ho (侯孟沅), Yoshimichi Ishikawa (石川義道), Julian G. Ku (古舉倫), David Kleimann, Jaemin Lee, Chi-Ting Tsai (蔡季廷), and Peter Tzeng (曾彼得). I am also grateful to members of the editorial board, Professors Chun-i Chen (陳純一), Pasha Hsieh (謝笠天) Pei-Lun Tsai (蔡沛倫) and Kai-Chih Chang (張愷致), Mr. Chieh Lo (羅傑), and Judges Chun-Liang Lai (賴淳良) and I-Hon Hsiao (蕭一弘), for their dedication. Finally, I would also like to thank Lee & Li Attorneys-at-Law (理律法律事務所) and the Research Center for International Legal Studies of National Chengchi University (政大國際法學研究中心) for their long-standing support.
Ying-jeou Ma (馬英九), S.J.D.
Editor-in-Chief
June 2019