Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 32 (2014)

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 32 (2014)

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Overview

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 32 (2014) by Ying-jeou Ma

The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan. This volume discusses issues pertaining to the ASEAN Community, East Asian FTAs and the South China Sea disputes. It provides a detailed account of Taiwan’s implementation of international human rights treaties and the government’s positions on the Diayutai/Senkaku Islands and high-level cross-strait negotiations.

Authors should submit their manuscripts to the Yearbook via e-mail at yearbook@nccu.edu.tw.

Product Details

ISBN-13: 9789004316546
Publisher: Brill Academic Publishers, Inc.
Publication date: 04/28/2016
Series: Chinese (Taiwan) Yearbook of International Law and Affairs , #32
Pages: 376
Product dimensions: 0.63(w) x 0.94(h) x (d)

About the Author

Ying-jeou Ma, S.J.D. (1981), Harvard Law School, is formerly President of the Republic of China (Taiwan).

Table of Contents

PREFACE

Ying-jeou Ma

ARTICLES

Helmut Tuerk, The Advisory Jurisdiction of the International Tribunal for the Law of the Sea
Chang-fa Lo, A Private Initiative of Codification in International Law – Some Ideas of the Draft “Convention on Cross-Border Enforcement of International Mediated Settlement Agreements”
Walter Woon, Idealism and Realpolitik – Building the ASEAN Community
Jonathan Hafetz, China and the International Criminal Court: Power and Justice Revisited
Joshua Root, Castles in the Sand: Engineering Insular Formations to Gain Legal Rights over the Oceans
Takemasa Sekine, Competition Related Provisions in East Asian FTAs: Their Trends and the Possible Impact of Mega FTAs

SPECIAL REPORTS

Hsu-Hua Chou, Regulatory Transparency in the FTA between New Zealand and Taiwan: Text, Context and Implications
Man Yip, Singapore International Commercial Court: A New Model for Transnational Commercial Litigation
Pasha L. Hsieh, Taiwan’s WTO Trade Policy Review Reports

CONTEMPORARY PRACTICE AND JUDICIAL DECISIONS OF THE REPUBLIC OF CHINA (TAIWAN) RELATING TO INTERNATIONAL LAW, 2014

Compiled by Chun-i Chen, Pasha L. Hsieh, Pei-Lun Tsai, Chun-Liang Lai, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law

Explanatory Note

I. INTERNATIONAL LAW IN GENERAL

Foreign Policy Report, 8th Congress of the Legislative Yuan, 5th Session (March 12, 2014)
President Ma Ying-jeou’s National Day Address (Excerpt)

II. SUBJECTS OF INTERNATIONAL LAW

III. INTERNATIONAL ORGANIZATIONS

Republic of China (Taiwan) and Intergovernmental Organizations
Republic of China and International Non-Intergovernmental Organizations
The Ministry of Foreign Affairs Thanks Heads of State, Ministers, and Representatives of 16 Diplomatic Allies for Their Support of the ROC at the General Debate of the 69th UN General Assembly

IV. INDIVIDUALS

Ministry of Justice (February 18, 2014) Fa-Lu-Zi-10303502010
228 Incident, International Covenant on Civil and Political Rights, State Compensation
ROC, US Sign Memorandum of Understanding on Fighting Human Trafficking
ROC Government Welcomes Scottish Court Ruling That Mr. Zain Dean Be Extradited to Taiwan, Setting Positive Precedent for Taiwan-UK Judicial Cooperation
President Ma’s Remarks at Welcome Banquet for ROC’s CEDAW Second National Report Review Committee
Taiwan Welcomes Foreign Experts for CEDAW Report Review
Review of Taiwan’s Second Report on the Implementation of CEDAW: Conclusions and Recommendations of the Review Committee
Supreme Administrative Court Judgment (August 28, 2014) 103-Pan-Zi No. 467
Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, Family Right, Spouse Visa
Ministry of the Interior (September 26, 2014) Tai-Nei-Hu-Zi-1030602955
Foreign Spouses, Residence Permit
President Ma Meets Children to Mark Universal Children’s Day and Enforcement Act of the Convention on the Rights of the Child
Executive Yuan Approves Entering UN Disability Rights Convention

V. TERRITORY AND TERRITORIAL JURISDICTION

The ROC Government Strongly Protests Japan’s Claim in Its Diplomatic Bluebook 2014 and Planned Inclusion in Primary School Textbooks That the Diaoyutai Islands Are an Inherent Part of Japanese Territory
President Ma Attends “Examining the Diaoyutai/Senkaku Islands Dispute under New and Multiple Perspectives” International Conference
MOFA Expresses Grave Concern and Reiterates Government’s Position Regarding Recent Maritime Confrontation Near Shisha Islands
The ROC Government Reaffirms Its Sovereignty over Taiwan, Penghu, Kinmen, and Matsu
President Ma Attends the Opening Ceremony of the Exhibition Commemorating Victory in War of Resistance against Japan and Retrocession of Taiwan
ROC Government Strongly Protests Japanese Government’s Naming of Several Islands and Reefs Appertaining to the Diaoyutai Islands
President Ma Attends the Opening Ceremony of the Exhibition of Historical Archives on the Southern Territories of the Republic of China

VI. STATE RESPONSIBILITY

VII. THE LAW OF THE SEA, ENVIRONMENT, HEALTH, AND AVIATION

Remarks by President Ma at the Opening Ceremony of the International Conference on Peace and Security in East Asia
President Ma Issues Statement on East China Sea Airspace Security
Remarks by President Ma at the 2014 East China Sea Peace Forum

VIII. THE LAW OF TREATIES

Ministry of Foreign Affairs Clarifies Legally Binding Status of the Cairo Declaration

IX. DIPLOMATIC, CONSULAR, AND SIMILAR RELATIONS

X. PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES

The ROC Government Expresses Deep Concern over the Situation in Ukraine
ROC Government Expresses Concern over North Korean Missile Launch

XI. ARMS CONTROL, USE OF FORCE, AND INTERNATIONAL CRIMINAL LAW

Cabinet Approves Taiwan’s Bid to Join UN Convention against Transnational Crime

XII. INTERNATIONAL ECONOMIC RELATIONS

Intellectual Property Court Criminal Judgement (February 20, 2014) 101 Xing-Zhi-Shang-Yi-Zi No. 74
Copyright Protection on Pornography, Berne Convention, TRIPS, WTO
Economic Pact with Singapore to Take Effect April 19
Construction Commission, Executive Yuan (April 3, 2014) Gong-Cheng-Qi-Zi-10300109610
Agreement between Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu on Economic Partnership, Government Procurement
Intellectual Property Court Criminal Judgment (July 30, 2014) 103-Hsing-Chih-Shang-Yi-Zi-43
Kinmen Kaoliang Liquor, Territoriality Principle, Trademark Rights
Taiwan Will Fully Support Asia-Pacific FTA: Premier
The Austrian Parliament Passes Taxation Treaty with the ROC

XIII. PRIVATE INTERNATIONAL LAW

Supreme Court Civil Judgment (September 24, 2014) 103-Tai-Shang-Zi-1957
Agreement on Governing Law, Dutch Law, Jurisdiction
Ministry of the Justice (December 10, 2014) Fa-Lu- Zi-10303514090
Denial of Paternity, Jurisdiction
Supreme Court Civil Judgment (December 11, 2014) 103-Tai-Shan-Zi-2574
German National, Inheritance, Loss of Nationality, Right to Acquire Land

XIV. CROSS-STRAIT RELATIONS

Mainland China

Heads of Competent Authorities for Cross-Strait Affairs Successfully Hold First Meeting
Tenth Round of Cross-Strait High-Level Talks Concluded the Cross-Strait Collaboration Agreement on Seismological Monitoring and Meteorology
Government Will Set Rigorous Safeguards and Corresponding Measures for the Trade in Services
President Ma’s Remarks on the Cross-Strait Trade in Services Agreement
MAC’s Statement on the Second Meeting between Heads of Cross-Strait Competent Authorities for Cross-Strait Affairs
MAC Urges Mainland to Pragmatically View Taiwan’s Participation in International Activities
MAC’s Press Release on “Siew-Xi Meeting” at the APEC

Hong Kong and Macau

Air Transport Agreement between Taiwan and Macao Signed in Macao

XV. OTHERS

ROC Government Welcomes the Swiss Federal Court Decision in the Lafayette Case
Taiwan, Japan Sign Four MOUs on Cooperation in Tourism, Nuclear Safety, the Deposit of Microorganisms for Patent Purposes, and Border Control

TREATIES/AGREEMENTS AND OFFICIAL, SEMI-OFFICIAL OR UNOFFICIAL AGREEMENTS CONCLUDED BY THE REPUBLIC OF CHINA (TAIWAN) WITH OTHER COUNTRIES IN 2014

Compiled by Chun-i Chen, Pasha L. Hsieh, and Pei-Lun Tsai

Chronological List

Selected Texts

Canada

Arrangement between the Taipei Economic and Cultural Office in Canada and the Canadian Trade Office in Taipei Regarding the Importation of Beef from Canada

Memorandum of Understanding between the Anti-Money Laundering Division of the Investigation Bureau of the Ministry of Justice of the Republic of China (Taiwan) and the Financial Transactions and Reports Analysis Centre of Canada Concerning the Exchange of Financial Intelligence Related to Money Laundering and Terrorist Financing

European Union

Confidentiality Agreement between the Taiwan Food and Drug Administration of Ministry of Health and Welfare and the European Directorate for the Quality of Medicines and Healthcare of the Council of Europe

Japan

Memorandum between the Association of East Asian Relations and the Interchange Association for the Mutual Cooperation in the Field of Nuclear and Radiation Safety

Saint Lucia

Information and Communication Technology (ICT) Cooperation Agreement between the Government of the Republic of China (Taiwan) and the Government of Saint Lucia

TABLE OF CASES

INDEX

GUIDELINES FOR SUBMISSIONS TO THE CHINESE (TAIWAN) YEARBOOK OF INTERNATIONAL LAW AND AFFAIRS

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