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Journal of East Asia and International Law最新文献

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WTO ADJUDICATION@ me.too: Are Global Public Goods like the World Trade Organization Owned by Governments or by Peoples and Citizens? WTO ADJUDICATION@me.too：像世界贸易组织这样的全球公共产品是由政府所有还是由人民和公民所有？
IF 0.2
Journal of East Asia and International Law Pub Date : 2020-05-31 DOI: 10.14330/jeail.2020.13.1.02
E. Petersmann
{"title":"WTO ADJUDICATION@ me.too: Are Global Public Goods like the World Trade Organization Owned by Governments or by Peoples and Citizens?","authors":"E. Petersmann","doi":"10.14330/jeail.2020.13.1.02","DOIUrl":"https://doi.org/10.14330/jeail.2020.13.1.02","url":null,"abstract":"As the most frequent and most successful user of the dispute settlement system of the WTO, the US has welcomed judicial clarifications by WTO dispute settlement bodies whenever they confirmed legal claims of the US. Yet, the Trump administration increasingly rejects judicial findings against the US trade restrictions as violating the WTO prohibitions of “add(ing) to or diminish(ing) the rights and obligations provided in the covered agreements.” This contribution criticizes the illegal US ‘blocking’ of the WTO Appellate Body and the underlying, hegemonic nationalism and protectionist interest group politics. It suggests that reasonable and responsible citizens benefitting from the WTO trading, legal and dispute settlement systems must resist illegal power politics, for instance, by supporting a WTO Adjudication@me.too “enlightenment campaign” pressuring democratic institutions and governments to protect rule of law and judicial remedies in international trade as prescribed by parliaments when they approved the WTO Agreement.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46515612","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
Sinking or Not? An Indonesian Approach to Prevent the Rise of Sea Levels due to Global Warming 沉没与否？印尼防止全球变暖导致海平面上升的方法
IF 0.2
Journal of East Asia and International Law Pub Date : 2020-05-31 DOI: 10.14330/jeail.2020.13.1.07
Iin Karita Sakharina, F. Patittingi, Hamzah Halim, M. Napang, J. Sumardi, A. B. Inggit, M. Hendrapati
{"title":"Sinking or Not? An Indonesian Approach to Prevent the Rise of Sea Levels due to Global Warming","authors":"Iin Karita Sakharina, F. Patittingi, Hamzah Halim, M. Napang, J. Sumardi, A. B. Inggit, M. Hendrapati","doi":"10.14330/jeail.2020.13.1.07","DOIUrl":"https://doi.org/10.14330/jeail.2020.13.1.07","url":null,"abstract":"Global warming, or climate change, could be the main reason why small islands in many areas of the Earth, including those in Indonesian territory, are sinking. Many small Indonesian islands are between 1 and 3 metres under the surface of the sea because of raised sea levels caused by climate change. If this situation continues, it would affect many of the outermost islands of Indonesia, so that we should anticipate the danger that the outermost islands would be submerged. The basepoints and archipelagic baselines would then be replaced, among other serious consequences for Indonesia. The Paris Climate Agreement, signed by almost 200 states in 2015, is the main instrument for mitigating global warming through reducing the emission of greenhouse gases. Indonesia ratified the Paris Climate Agreement, because it has a great interest in mitigating the phenomenon that is causing the sea level to rise, which is having a serious impact on its islands.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48022180","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: 2
Regulator-led Resolution in Mass Finance Mis-selling: Implication of the UK PPI Scandal 监管机构主导解决大规模金融错误销售：英国PPI丑闻的影响
IF 0.2
Journal of East Asia and International Law Pub Date : 2019-11-30 DOI: 10.14330/jeail.2019.12.2.05
Y. Park, B A Yulchon Llc., M. Economics
{"title":"Regulator-led Resolution in Mass Finance Mis-selling: Implication of the UK PPI Scandal","authors":"Y. Park, B A Yulchon Llc., M. Economics","doi":"10.14330/jeail.2019.12.2.05","DOIUrl":"https://doi.org/10.14330/jeail.2019.12.2.05","url":null,"abstract":"The resolution process of PPI scandal was led and driven by the UK’s FCA- financial regulator based on powers stipulated in Financial Services and Markets Act 2000. FCA made rules requiring financial institutions concerned to assess mis-selling claims of PPI holders and pay redress to them if mis-selling was found. The opt-out class action, in contrast, is not likely to handle finance mis-selling collectively because commonality requirement is not easily satisfied. The PPI resolution process overcame this problem by assigning the investigation and assessment of individual aspects of the disputes to the financial institutions concerned. This approach is equitable in that financial institutions which are liable to the scandal bears the time and pecuniary cost instead of relying on public resources of courts as in the litigation. The regulator-led resolution can be helpful in designing collective resolution system of finance mis-selling which is characterized as mass victims with small damages.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47779903","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
Free Movement of Judgments in Cross-Border Money Laundering Crimes: A Legal Stance toward the ASEAN Legal Integration 跨境洗钱犯罪判决的自由流动：东盟法律一体化的法律立场
IF 0.2
Journal of East Asia and International Law Pub Date : 2019-11-30 DOI: 10.14330/jeail.2019.12.2.08
E. L. Simanjuntak, Yuris T. Naili, F. A. Adji Samekto
{"title":"Free Movement of Judgments in Cross-Border Money Laundering Crimes: A Legal Stance toward the ASEAN Legal Integration","authors":"E. L. Simanjuntak, Yuris T. Naili, F. A. Adji Samekto","doi":"10.14330/jeail.2019.12.2.08","DOIUrl":"https://doi.org/10.14330/jeail.2019.12.2.08","url":null,"abstract":"Transnational money laundering is a global issue that requires international solutions. This paper examines the concept of Free Movement of Judgments which should be realized in the legal integration process of the ASEAN in order to overcome the negative impacts of money laundering. This research will analyze the regulation for criminalizing money laundering in the ASEAN and compare it with the criminal cooperation in the European Union. The ASEAN Treaty on Mutual Legal Assistance in Criminal Matters (MLAT 2004) is expected to be an alternative to an extradition treaty. If adopting the Free Movement of Judgements, judicial decisions of an ASEAN member country regarding transnational crimes of money laundering would be recognized and implemented in other member’s jurisdiction reciprocally. This adoption is expected to be an effective solution to overcome impunity in cross-border money laundering actors.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47085570","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: 3
Conflict of Laws in Cross-Strait Air Transport: Issues and Solutions 两岸航空运输的法律冲突:问题与对策
IF 0.2
Journal of East Asia and International Law Pub Date : 2019-11-30 DOI: 10.14330/jeail.2019.12.2.03
Chaohan Zhang, Luping Zhang
{"title":"Conflict of Laws in Cross-Strait Air Transport: Issues and Solutions","authors":"Chaohan Zhang, Luping Zhang","doi":"10.14330/jeail.2019.12.2.03","DOIUrl":"https://doi.org/10.14330/jeail.2019.12.2.03","url":null,"abstract":"Since the political and legal systems are different between mainland China and Taiwan, conflict of laws issues arose in both public and private air transport laws after the launch of direct routes. Three models can be used as solutions to these issues: uniform substantive law, conflict of laws, and agreements by private institutions. The uniform substantive law model is ideal but not feasible; the conflict of laws model is possible but not realistic. The agreements by private institutions model respects private autonomy, which seems to be a supplementary yet feasible option with fragmented and conservative characteristics. Based on the characteristics of each model, the ideal way to solve this issue is to prioritise the model of agreements by carriers at this early stage and, finally, to consider uniform conflict of laws rules or substantive law when the opportunity is mature or the ultimate reunification is realised.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44553268","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
Space Debris: A New Broadway to Address Organizational and Operational Aspects for Removal 空间碎片:解决清除组织和操作方面问题的新途径
IF 0.2
Journal of East Asia and International Law Pub Date : 2019-11-30 DOI: 10.14330/jeail.2019.12.2.02
A. Sheer, Shouping Li
{"title":"Space Debris: A New Broadway to Address Organizational and Operational Aspects for Removal","authors":"A. Sheer, Shouping Li","doi":"10.14330/jeail.2019.12.2.02","DOIUrl":"https://doi.org/10.14330/jeail.2019.12.2.02","url":null,"abstract":"Space debris is a global mounting ultimatum to the enduring maintainability of outer space activities. It ought to be managed from the very beginning. For the last couple of years, collisions have enhanced space debris accumulation, and the rate at which space activities have resulted in the production of debris is at a threshold position in a linear fashion. Ultimately, space has become the rendezvous of space debris. Considering the growing accumulation of debris and the emerging apprehension regarding a horrible strike and collapse of whole space programs, this paper focuses on the legal and administrative challenges. Both developing and developed countries realize the value of a competent regime that could administer, supervise, finance, and promote the research, examination, and development of outer space. Thus, this research suggests an autonomous, competent international space authority be established by a treaty or international agreement following the model of the deep seabed authority because it has similar natural resources but a geographically different location.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41586238","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: 2
Who Violated International Law? Critical Analysis of Abe’s Export Restrictions to Korea 谁违反了国际法?对安倍对韩出口限制的批判性分析
IF 0.2
Journal of East Asia and International Law Pub Date : 2019-11-30 DOI: 10.14330/jeail.2019.12.2.07
Soojin Nam, E. Y. Lee
{"title":"Who Violated International Law? Critical Analysis of Abe’s Export Restrictions to Korea","authors":"Soojin Nam, E. Y. Lee","doi":"10.14330/jeail.2019.12.2.07","DOIUrl":"https://doi.org/10.14330/jeail.2019.12.2.07","url":null,"abstract":"Tensions are high between Korea and Japan as a result of Japan’s export restrictions on three essential semiconductor materials exported to Korea and the removal of South Korea from their White List of countries. The Abe Administration announced that these measures were necessary to “ensure non-proliferation of weapons-related materials.” However, it is widely suspected that these measures were adopted as a retaliation against the Korean Supreme Court’s decision recognizing compensation for the forced labor victims during the Japanese occupation period. The Korean government filed a complaint concerning these measures at the WTO DSB for resolution under international law. In this research, the authors will critically analyze Japan’s export restrictions under international law to facilitate a peaceful resolution to the current conflict. This paper will tackle the relevant issues under the WTO/GATT regulations and the Korea-Japan Claims Agreement to address the issue of who violated international law.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47127390","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
Japan’s Measures on Export Control to the Republic of Korea: From the Perspective of International Law 从国际法角度看日本对韩国出口管制措施
IF 0.2
Journal of East Asia and International Law Pub Date : 2019-11-30 DOI: 10.14330/jeail.2019.12.2.06
Kotaro Shiojiri
{"title":"Japan’s Measures on Export Control to the Republic of Korea: From the Perspective of International Law","authors":"Kotaro Shiojiri","doi":"10.14330/jeail.2019.12.2.06","DOIUrl":"https://doi.org/10.14330/jeail.2019.12.2.06","url":null,"abstract":"Japan has argued that its recently introduced export control measures toward the Republic of Korea (ROK) are consistent with relevant international guidelines. The ROK has rejected this view and claims that Japan’s measures are inconsistent with World Trade Organization (WTO) law. If a WTO Panel is established to adjudicate this matter, the national security exception clause, specifically Article XXI of the General Agreement on Tariffs and Trade 1994 (GATT 1994), is likely to be invoked. Russia–Measures concerning Traffic in Transit is one of the few cases in which a WTO Panel has rendered a decision on this article. In general, the doctrine of precedents does not strictly apply; however, it hints that the Panel may require objective arguments to be provided despite the clause’s “self-judging” nature. On its face, Japan appears to have a stronger case, but the Panel would nonetheless be required to make a difficult decision.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47978207","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
Reasonable Restrictions on Freedom of High Seas by “Marine Protected Areas on the High Seas”: An Empirical Research “公海海洋保护区”对公海自由的合理限制:实证研究
IF 0.2
Journal of East Asia and International Law Pub Date : 2019-11-30 DOI: 10.14330/jeail.2019.12.2.01
Yong Wang, Law
{"title":"Reasonable Restrictions on Freedom of High Seas by “Marine Protected Areas on the High Seas”: An Empirical Research","authors":"Yong Wang, Law","doi":"10.14330/jeail.2019.12.2.01","DOIUrl":"https://doi.org/10.14330/jeail.2019.12.2.01","url":null,"abstract":"The UN member states have been consulting on the establishment of high seas MPAs under the BBNJ Agreement since December 2017.This issue brings about the potential conflicts between the jurisdiction of the high seas MPAs and the traditional freedom of the high seas. Although it is generally accepted that the freedom of the high seas can be reasonably restricted, it is acknowledged that there are great controversies among States on the specific forms, approaches and applicable scopes of the restrictions of the high seas freedoms by the high seas MPAs. At present, there are four recognized high seas MPAs in the world. The practice of these four MPAs contributes positively to the interpretation of the reasonable restrictions on the freedom of the high seas. Accordingly, this paper concludes that the international community should gradually carry forward future restrictions on the freedom of the high seas with some suggestions.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47672121","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: 3
Malaysian Efforts in Combating IUU Fishing: A Legal and Policy Review 马来西亚打击非法、无管制和无管制捕鱼的努力：法律和政策审查
IF 0.2
Journal of East Asia and International Law Pub Date : 2019-11-30 DOI: 10.14330/jeail.2019.12.2.09
Farahdilah Ghazali, W. Talaat, A. Rahman, Hazmi Rusli
{"title":"Malaysian Efforts in Combating IUU Fishing: A Legal and Policy Review","authors":"Farahdilah Ghazali, W. Talaat, A. Rahman, Hazmi Rusli","doi":"10.14330/jeail.2019.12.2.09","DOIUrl":"https://doi.org/10.14330/jeail.2019.12.2.09","url":null,"abstract":"Illegal, unreported and unregulated (IUU) fishing may occur on the high seas or within a national jurisdiction. Several factors were identified as contributing to the occurrence of IUU fishing activities, among which is poor governance marked by limited and overlapping enforcement by related authorities. With very limited regional enforcement bodies and the absence of a regional multilateral agreement, IUU fishing is difficult to overcome. It means that issues relating to overfishing and other fishing conflicts like foreign vessels intrusions and use of illegal fishing methods will continue to be a problem. This paper identifies the Malaysia’s legal framework governing IUU fishing, as well as relevant international and regional laws and policies. The paper also discusses the devastating effects of IUU fishing to the global fish stocks and national economy. Although the existing framework is considered comprehensive, it recommends further stringent and fair law enforcement to combat IUU fishing in Malaysia’s waters.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49398335","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: 2
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