Asian Yearbook of International Law, Volume 25 (2019)最新文献

DILA at 30: A Personal Reflection 30岁的DILA:个人反思

Asian Yearbook of International Law, Volume 25 (2019) Pub Date : 2021-12-20 DOI: 10.1163/9789004501249_002

Kevin Y. L. Tan

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The Asian Contribution to the Development of International Law: Focusing on the ReCAAP 亚洲对国际法发展的贡献:以亚太经合组织为中心

Asian Yearbook of International Law, Volume 25 (2019) Pub Date : 2021-12-20 DOI: 10.1163/9789004501249_004

M. Seta

{"title":"The Asian Contribution to the Development of International Law: Focusing on the ReCAAP","authors":"M. Seta","doi":"10.1163/9789004501249_004","DOIUrl":"https://doi.org/10.1163/9789004501249_004","url":null,"abstract":"Although international law is universally applied, it has been criticised on account that it was established by Western States based on Western values.1 Aside from the validity of such criticism, it is undeniable that most rules of international law originate from European values and experiences. A testament to this is the fact that most provisions in the International Covenant on Civil and Political Rights, a universal human rights treaty, are similar to those of the European Convention on Human Rights and Fundamental Freedoms, which was adopted in Europe almost fifteen years before the universal treaty.2 Furthermore, international criminal law, particularly the crime of genocide, was developed from the European experience of the Holocaust.3 Meanwhile, compared to Europe, other regions have only provided a limited contribution to the development of international law. In particular, in the case of Asia, there seem to be two grounds on which such insufficient contribution originates. First, since it is challenging to define Asia and determine which states belong to it,4 the Asian region seems to entail both vagueness and variety. Therefore, it is difficult to perceive Asian regional contributions, aside from contributions by some Asian States or experts. Second, as sovereignty plays a more critical role in Asian States,5 the rules of international law that by","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"20 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129697476","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

A Panoramic Review of the State Practice Section in the Asian Yearbook of International Law 《亚洲国际法年鉴》国家实践部分的全景式回顾

Asian Yearbook of International Law, Volume 25 (2019) Pub Date : 2021-12-20 DOI: 10.1163/9789004501249_003

Seryon Lee

{"title":"A Panoramic Review of the State Practice Section in the Asian Yearbook of International Law","authors":"Seryon Lee","doi":"10.1163/9789004501249_003","DOIUrl":"https://doi.org/10.1163/9789004501249_003","url":null,"abstract":"The purpose of this article is to provide an overview of the State Practice section in the Asian Yearbook of International Law from Vol. 1 to Vol. 24 on the occasion of the 25th anniversary issue of the Asian Yearbook of International Law . For the past 24 volumes, state practice rapporteurs from 16 Asian countries 1 have reported various sources of state practice such as legislation, judicial decisions, government statements made at the United Nations and international conferences. As was evident from the voluminous record, the State Practice section from the past volumes covered topics ranging from state immunity, extradition, law of the sea, international human rights, relation ship between international law and domestic law, territorial disputes among others. This collection of state reports revealed continuous efforts from Asian countries to enact the necessary legislation to give domestic effect to inter national treaties to which they assumed an obligation. Such efforts to abide by international obligation were also reflected in a number of court cases by referring to relevant international instruments. One notable point about the state practice of Asian countries is that there were relatively few cases of inter national adjudication among Asian countries. It can be inferred from such a finding that governments of Asian countries have preferred diplomacy over legal adjudication as a way of dispute settlement when faced with a conflict or dispute with other countries. The collection of state report from Asian coun tries over the three decades have undoubtedly contributed to the development of international law as such evidence of state practice forms an essential part of customary international law. country. While distinction between international law and private international law become obscure years, this sought to confine the subject matter primarily related to public international In summary, the contents are summarized in chronological order, and some where are arranged by different of state","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132877448","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Challenges in Ensuring the Rights of Vietnamese Migrant Workers in the Globalization Context – The Two Sides of the Development Process 全球化背景下越南农民工权利保障的挑战——发展进程的两面性

Asian Yearbook of International Law, Volume 25 (2019) Pub Date : 2021-12-20 DOI: 10.1163/9789004501249_008

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International Law in Asia: A Bibliographic Survey – 2019 《亚洲国际法:文献调查- 2019》

Asian Yearbook of International Law, Volume 25 (2019) Pub Date : 2021-12-20 DOI: 10.1163/9789004501249_023

Sacha Bachmann, Martinus Prazauskas

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2019 DILA 30th Anniversary International Conference and 2019 DILA Academy & Workshop 2019 DILA 30周年国际会议暨2019 DILA学院工作坊

Asian Yearbook of International Law, Volume 25 (2019) Pub Date : 2021-12-20 DOI: 10.1163/9789004501249_024

引用次数: 0

The Amendment of Anti-corruption Law in Indonesia: The Contribution to the Development of International Anti-corruption Law 印尼反腐败法的修订:对国际反腐败法发展的贡献

Asian Yearbook of International Law, Volume 25 (2019) Pub Date : 2021-12-20 DOI: 10.1163/9789004501249_007

R. Juwita

引用次数: 1

State Practice Notes on Korea 关于韩国的国家实践笔记

Asian Yearbook of International Law, Volume 25 (2019) Pub Date : 2021-12-20 DOI: 10.1163/9789004501249_021

引用次数: 0

The Right of Access to Port and the Impact of Historic Fishing Rights 港口使用权与历史性捕鱼权的影响

Asian Yearbook of International Law, Volume 25 (2019) Pub Date : 2021-12-20 DOI: 10.1163/9789004501249_006

Arron N. Honniball

{"title":"The Right of Access to Port and the Impact of Historic Fishing Rights","authors":"Arron N. Honniball","doi":"10.1163/9789004501249_006","DOIUrl":"https://doi.org/10.1163/9789004501249_006","url":null,"abstract":"DILA’s 2020 International Conference theme, “Reshaping International Law in the Asian Century”, does not necessitate the challenging or subversion of established norms. Reshaping may equally occur by reflecting on overlapping fragments of international law that were previously only analyzed in silos. This article identifies a previously overlooked contribution to international law by taking historic fishing rights, a predominantly regional or bilateral custom, and assessing the extent to which it refines the lack of customary law rights for vessels to access foreign ports, an established global norm of international law. This article therefore first proceeds with section 2 charting the lack of any general right of access to foreign ports in the law of the sea. The only widely accepted customary law exception concerns vessels in distress, or a situation of force majeure, where access to port is necessary to preserve human life. Section 3 then introduces the contemporary scope of historic fishing rights, and, more specifically, the recognition of associated rights in the Eritrea/ Yemen – Sovereignty and Maritime Delimitation in the Red Sea Award Stage II (Eritrea/Yemen Award).1 The explicit example of an associated right of access to port for historic fishers necessitates a refinement of the findings in section 2. The conclusion shall place this exceptional right of entry within its wider international law context, namely as an affirmative example of bilateral customary international law.2 Finally, this article concerns the practice of international courts and tribunals in conceptually recognizing a historic fisher’s associated right of access to a port in the law of the sea. This article does not provide an exhaustive account of historic fishing regimes in which an associated access right could apply.","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128212934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Vietnam’s Experiences with International Investment Agreements Governance: Issues and Solutions 越南在国际投资协定治理方面的经验:问题与对策

Asian Yearbook of International Law, Volume 25 (2019) Pub Date : 2021-12-20 DOI: 10.1163/9789004501249_005

T. V. Dung

{"title":"Vietnam’s Experiences with International Investment Agreements Governance: Issues and Solutions","authors":"T. V. Dung","doi":"10.1163/9789004501249_005","DOIUrl":"https://doi.org/10.1163/9789004501249_005","url":null,"abstract":"Vietnam’s major economic reforms of Doi Moi (Renovation) was launched in 1986 by the Communist Party of Vietnam (CPV) to boost the country’s underperforming economy and restore international ties. Under the Doi Moi policy, the Soviet centrally-planned economy was replaced with a socialist market mechanism, which promoted the concept of a multi-sectoral economy, opendoor policies towards international trade and investment, and recognized private property rights. The leadership of Vietnam has identified investment treaties to be significant for the transition, therefore putting them at the forefront of national economic policy. Vietnam has been active in negotiating and concluding Bilateral Investment Treaties (BIT s), with the view that the treaties would help to attract foreign investments. In addition, the BIT s were also regarded by the government as a diplomatic instrument to foster integration and break the international isolation caused by the US trade embargo.1 Over time, the International Investment Agreements (IIA s) became an important basis to protect Vietnamese investors overseas. The expansion of the IIA network during the last decade is regarded as an important aspect of Vietnamese investment policy. As of 1 January 2019, Vietnam has entered into 67 BIT s other states.2 Among these 67 BIT s, 49 are in effect.3 Additionally, 9 out of 12 free trade agreements (FTA) to which Vietnam","PeriodicalId":324506,"journal":{"name":"Asian Yearbook of International Law, Volume 25 (2019)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130993344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0