2019년 3월 15일 금요일

Asia-Pacific Moving towards the Ratification of the Treaty on the Prohibition of Nuclear Weapons

Hong Thao Nguyen 52 Nguyen Viet Xuan Street Thanh Xuan district, Hanoi, Vietnam.
Corresponding Author: nguyenhongthao57@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The new Treaty on Prohibition of Nuclear Weapons ("TPNW") opened for signature on September 20, 2017. It will enter into force in 90 days after getting 50 instruments of ratification. This fact shows that Asia-Pacific is in the forward position to totally eliminate nuclear weapons in the world for the peace, security and human well-being. How to move forward the process of ratifying the TPNW? In order to clarify this question, the author will focus on the following three parts: 1) Asia-Pacific and International Humanitarian Law; 2) Treaty on the Prohibition of Nuclear Weapons - a step towards the nuclear disarmament; and 3) Ratification of TPNW.

Keywords : TPNW, NPT, Nuclear Weapons, IHL, ICRC, Nuclear Weapons Free Zone

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_11

Regulating Ballistic Missile Usage for Ensuring Civil Aviation Safety: As a Matter of Urgency

Amad Sudiro Jl. Letjen. S. Parman No. 1, Grogol, Jakarta Barat 11440 Indonesia.
Corresponding Author: sudiroamad@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The increasing use of ballistic missiles as a means of delivering weapons of mass destruction in the course of military activities constitutes a new threat to civil aviation safety. Ballistic missiles are considered as a new form of offense and defense. These challenges may come in the form of warheads, carried by the missiles, with the possibility to explode at any time in air, or the long ranges of the missiles that bring them close to flight routes, which may endanger civil passengers. The multilateral treaty on ballistic missile prohibition is nonbinding in nature, voluntary and has a limited duration puts civil aviation safety at risk. Therefore, regulating ballistic missile in a binding manner are urgently needed to ensure civil aviation safety.

Keywords : Ballistic Missile, Civil Aviation Safety, Regulation, ICAO, Chicago Convention

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_10

Substantive or Jurisdictional? The Tokyo Charter and the Legality Challenge at the International Military Tribunal for the Far East

Xiao Mao Brasenose College, Radcliffe Square, Oxford, OX1 4AJ UK.
Corresponding Author: xiao.mao@law.ox.ac.uk
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The legacies of Tokyo Trial have been overlooked and questioned partly because prosecuting aggression was allegedly a violation of the principle of legality. This essay argues that the trial should not be overlooked for this reason because the legality debate at the trial provides insights into the interplay between the principle of legality and sources of international criminal law. Besides the majority judgment, some minority opinions could shed light on the nature of the Tokyo Charter by distinguishing between jurisdiction and applicable law and link the issue to the legality challenge. Although the Tokyo Charter was formally different from the Nuremberg Charter, both of them are substantive in nature so that the tribunals were allowed not to address the legality challenge. In addition, prosecuting aggression was arguably not a violation of the principle of legality because this principle, at that time, did not bind ex post facto legislation against international crimes committed during World War II.

Keywords : International Military Tribunal, IMT, IMTFE, Tokyo Charter, ICC

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_09

Is the US Method of Challenging China's IP-related Practices Legally Tenable from an International Legal Perspective?

Yang Yu Rm. 412, Multifunctional Building, 620 Gubei Road, Shanghai 200336 P.R. China.
Corresponding Author: wtoyuyang@suibe.edu.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The US initiated a Section 301 investigation against China in 2017. Such a unilateral investigation has run counter to the explicit commitments in the Statement of Administrative Action. Even the basically reasonable 'four corners' defense can neither apply nor justify this investigation. Consequently, especially based on the Panel's additional emphasis, the conditional international legality confirmed by the Panel of DS152 case in the WTO should be untenable in this latest specific context. By reutilizing this globally aversive tool, the United States could possibly prove itself to be an unreliable partner and this would unavoidably incur severe reputational costs and other potential harms to itself. Furthermore, this might, to some degree, undermine or even undo the advances achieved in more than twenty years of international rule of law in world trade after the establishment of the WTO. All in all, only mutually beneficial solutions are most desirable, effective and sustainable for both China and the US.

Keywords : Section 301, IPR, WTO Dispute Settlement, China-US Trade War, International Law

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_08

Historical and Strategic Concern over the US-China Trade War: Will They Be within the WTO?

Nany Hur 17th Floor, Hanjin Building 63 Namdaemun-ro, Jung-gu, Seoul 04532 Korea.
Corresponding Author: nanyhur@hanmail.net
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The trade war between the US and China in the Trump era has become a momentous event in the world economy. It is necessary to see how trade relations between them have played out within the WTO from a historical perspective. Since the Opium Wars, both economic and political concerns have changed the relationship between these two countries. The escalation from a trade conflict to trade war shows the rivalry between the US and China for hegemony in the twenty-first century's regional and world politics. The economic, technological, and manufacturing competition that is a part of hegemonic rivalry is not totally new; this is borne out by the history of the US-China economic relations. The escalation of this 'trade war' now has spill-over effects on other countries, being beyond the normative framework of the WTO. There is an impasse in this ongoing saga, but the silver lining is that there will be a re-construction of the multilateral trading system.

Keywords : US-China Trade War, US-China Trade Relations, Trump Administration, WTO

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_07

The Triple Intervention: A Forgotten Memory in the Discourse of the Nineteenth Century's International Law

Bijun Xu School of Public Policy and Management, Tsinghua University, Beijing 100084 P.R. China.
Corresponding Author: xubijun@mail.tsinghua.edu.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The 19th century's international law distinguished civilized from non-civilized States resulting in any country desiring equal treatment was required to obtain recognition from those already deemed civilized. Japan was able to join the civilized world by presenting a civilized image of itself in the First Sino-Japanese War, which was depicted by Western legal scholars as a clash between barbarism and civilization. Neither Japanese nor Western scholars of international law, however, have touched on the issue of the Triple Intervention. This incident serves as a case study for re-evaluating the operation of Western countries' international legal standards. The argument is, that these countries cloak their motives in legal language for self-aggrandizement, thereby demonstrating the ahistorical nature of the West's rhetoric of civilization. Further, this incident taught Japan the lesson that international law is concerned not with morality but with power.

Keywords : The Triple Intervention, 19th century's International Law, Discourse of Civilization, Japan, First Sino-Japanese War

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_06

Rights of Migrant Workers under Malaysian Employment Law

Zuraini Ab Hamid & Siti Fazilah Abdul Shukor & Ashgar Ali Ali Mohamed Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, 50728 Kuala Lumpur, Malaysia.
Corresponding Author: zurainihamid@iium.edu.my
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Labour migration is an important global issue that largely affects the labour market. Malaysia is among the popular destination countries for labour migration in Asia. The number of migrant workers that consist of documented and undocumented workers is increasing every year due to rapid economic development that captivates job seekers from undeveloped countries. In this regard, migrant workers frequently fall into the trap of unscrupulous employers who exploit them for their own interests. These employers do not pay their wages as promised and deny them their employment rights. This case is basically treated as 'forced labour' or 'human trafficking' by the Malaysian authority. This paper identifies the Malaysia's legal framework of the employment of migrant workers. In addition, how to address the infringed rights of migrant workers is discussed in this paper. Although the framework deems comprehensive, it further recommends a stringent and fair law enforcement to combat exploitation towards migrant workers.

Keywords : Migrant Worker, Forced Labour, Human Trafficking, Exploitation, Malaysia

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_05

From Illegal, Unreported and Unregulated Fishing to Transnational Organised Crime in Fishery from an Indonesian Perspective

Aryuni Yuliantiningsih & Hartiwiningsih & Ade Maman Suherman & Emmy Latifah Law Faculty, UNSOED, Jl. H.R. Bunyamin 708, Puwokerto, Indonesia.
Corresponding Author: aryuni71@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Illegal, unreported and unregulated fishing (IUUF) is a complex problem because IUUF perpetrators not only have fisheries management issues, but also commit other crimes. This phenomenon raises further academic analysis of crime in fisheries at domestic and international levels. Indonesia has experienced different events leading to addressing crimes related to fisheries, which initially came from IUUF practices. To achieve legal certainty, crimes in fisheries issues must be separated from IUUF because IUUF is a matter under the mandate of FAO and crime in fishery is under the mandate of UNODC. Many have mixed IUUF and crimes in fishery in one basket, making the matter confusing from legal and practical point of view. At the domestic level, there must be a regulatory framework recognizing the linkage between fisheries and criminal activities. At the international level, meanwhile, there must be an international cooperation through existing frameworks such as Mutual Legal Assistance.

Keywords : IUUF, Crime in Fishery Sector, TOC, Indonesia

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_04

China's Participation in the Global Ocean Governance Reform: Its Lessons and Future Approaches

Zewei Yang Luojia Hill, Wuhan, Hubei Province, 430072, P.R. China.
Corresponding Author: fxyyzw@whu.edu.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Global ocean governance is a historical product. In the course of development, the UNCLOS has established the contemporary global ocean governance system. The current system, however, has many defects, including ambiguity in rules and fragmentation in structure. Furthermore, some new challenges are ever-emerging in the system. But all these could be improved through the establishment of a UNCLOS review agency and an enactment of supplementary agreements. China has taken lessons from its participation in the development and reform of the system. This includes the creation of the identity of a developing country, being an active participant and promoter of change as opposed to being a passive recipient and follower inside the system. In its push for reforming global ocean governance, China should not only initiate the establishment of a "World Ocean Organization," but also enhance its agenda setting, drafting and contracting capabilities of international legislation.

Keywords : Global Ocean Governance, UNCLOS, China, World Ocean Organization

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_03

Does Thailand Fulfill the ASEAN Requirements for Foreign Direct Investment under Partial Liberalization in Electricity Industry?

Sakda Thanitcul & Amonwalai Ninpanich Faculty of Law, Chulalongkorn University Phayathai road Phatumwan Bangkok 10330 Thailand.
Corresponding Author: t.sak.da@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This paper explores Thailand's partial liberalization of the electricity industry and to what extent is a Foreign Direct Investment (FDI) allowed in the electricity sector. As Thailand is an ASEAN Member State, the paper aims to review whether the partial liberalization under the ESB model is consistent with the commitments of the ASEAN. The paper examines both the ACIA and the AFAS, and it finds that Thailand has no commitment under both agreements relevant to entry of a FDI in its electricity sector. However, Thailand already allows the entry of a FDI in the power generation business which is aligned with the principles of market access and National Treatment that fulfill the obligations under the ACIA and the AFAS in case Thailand will make any commitments in the future. It is noted that electricity transmissions and the distribution and supply businesses are still prohibited for both Thai and foreign investors.

Keywords : ASEAN, ACIA, AFAS, Electricity, FDI; Trade in Service, Thailand

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_02

The US' Withdrawal from the Iran Nuclear Agreement: A Legal Analysis with Special Reference to the Denuclearization of the Korean Peninsula

Sassan Seyrafi & Amir-Hossein Ranjbarian University of Tehran, Faculty of Law and Political Science #412, Enghelab Ave., Tehran 14155-64485 Iran.
Corresponding Author: sasanseyrafi@ut.ac.ir
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The so-called Iran nuclear agreement, officially known as the Joint Comprehensive plan of Action, is an agreement between Iran and the five permanent members of the UN Security Council as well as Germany and the EU to ensure that Iran's nuclear program will be exclusively peaceful. Praised as an historic diplomatic achievement that resolved a decade-long crisis, the 2015 agreement is distinctive in its comprehensive provisions and innovative solutions to various legal and technical issues. However, US President Donald Trump's controversial decision to withdraw the US from the agreement in May 2018 has put its future in peril. This paper attempts to analyze the legal aspects of the US' decision to withdraw from the Iran nuclear agreement with special reference to the currently on-going US-North Korea deal for the complete denuclearization of the Korean Peninsula. In the course of this study, special attention is given to the lessons learned from the Iran nuclear agreement.

Keywords : Iran Nuclear Agreement, JCPOA, E3/EU+3, US, Iran, EU, North Korea, SC Resolution 2231, IAEA, Nuclear Program

The Full Text is available at: http://journal.yiil.org/home/archives_v11n2_01

The Legal and Policy Implications of the US Steel Tariffs on East Asia

John Riley Sogang University School of Law, 35 Baekbeom-ro (Sinsu-dong), Mapo-gu, Seoul 04107 Korea.
Corresponding Author: johnriley007@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Many are crying foul over the Trump Administration's use of steel and aluminum tariffs, claiming that imports are not a threat to the US national security. Rather, it has been argued that the tariffs are a pretext to gain strategic advantage in unrelated trade negotiations. Members of the Trump administration have hailed subsequent trade concessions as proof that the tariffs have been successful, which, if proven, could raise a credible question as to whether the President exceeded the scope of his authority. Domestic and international challenges have already begun with the US courts being a more effective forum to the challenge the legality of the tariffs than the WTO.

Keywords : Donald Trump, US Steel, Tariffs, National Security, WTO, Section 232

The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_10

The Removal of Offshore Installation in Indonesian National Regulation

A. Magassing, F. Patittingi, S. Alwy, R. Hambali, J. Sumardi, Kadarudin & M. Hendrapati Law Faculty of Hasanuddin University, Indonesia.
Corresponding Author: marcel.hendrapati@unhas.ac.id
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
An offshore installation is built or installed for the purposes of exploration and exploitation in any part of the sea. The offshore installations that are presently in existence reflect great scientific progress in the field of marine resources. However, they become a source of concern when they are no longer in use. Due to the potential to disrupt activities conducted around their location, they interfere with navigational safety. Therefore, it is important to remove such installations. Their removal should be based on the provisions of the IMO Guidelines and Standards. Indonesia is a coastal State and should adhere to the above mentioned guidelines and standard in designing policies and regulations.

Keywords : Offshore Installation, International Maritime Organization, UNCLOS, Indonesia

The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_09

Human Rights-Based Approach to Science, Technology and Development: A Legal Analysis

Ridoan Karim & Md S. Newaz & Rafsan M. Chowdhury Faculty of Law, University of Malaya, Jalan University, 50603 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.
Corresponding Author: ridoankarim1@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The nexus between science and human rights are intertwined in many ways. Though the acknowledgment in international law have been available for decades, the right to savor the fruits of scientific advancement and its applicability has gained just small recognition of the human rights from the international community. A human rights based approach to science, technology, and development endeavors a concern for human rights at the heart of the international community facing with critical global challenges. Thus, the paper initially discusses the relevant international human rights instruments including laws, regulations, declarations, conventions and provides a thorough analysis. The doctrinal and qualitative study of the paper presents human rights approaches in order to show insight on the ethical implications of new technologies and investigate how policy can compete with briskly advancing science. The paper also recommends the international community to promote regulatory processes that can help in blocking the disputes by securing an equilibrium between human rights and science.

Keywords : Human rights, Science, ICT, Technologies, Digitalization, International law

The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_08

Exploitation and Protection of Biological Resources in Deep Seabed Areas beyond National Jurisdiction: China's Legislation and Practice

Deyi Ma International Law School, East China University of Political Science and Law, No. 1575 Wanghangdu Road, Shanghai, P.R. China 200042.
Corresponding Author: madeyi9@aliyun.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
On February 26, 2016, PRC Law on the Exploration and Development of Resources in Deep Seabed Areas was adopted. As a landmark marine legislation, this law was formulated in line with the UNCLOS, the Rules of the International Seabed Authority, and the PRC Constitution. It opened a brand new era of marine development and utilization for China under the strategic background of maritime power. Facing the limitation and challenges about the ecosystem and risk prevention brought about by the UNCLOS and the Convention on Biological Diversity 1992, the maritime powers around the world, including China, have been making domestic legislation on the exploitation and protection of seabed resources beyond national jurisdiction. This paper introduces China's policy for the exploitation and development of the 'Areas' in accordance with the UNCLOS, and makes a further interpretation on China's related domestic legislations and practice.

Keywords : Deep Seabed Areas, Beyond National Jurisdiction, Common Heritage of Mankind, Biological Resources, Chinese Legislation

The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_07

Registration of BBNJ Research Activities: A Move towards Transparency in Research Governance

Mary George & Anneliz R. George Faculty of Law, University of Malaya, 50603 Kuala Lumpur, Malaysia.
Corresponding Author: maryg@um.edu.my
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract

 The Prep Com recommended in July that the UNGA initiate a negotiating conference on areas beyond national jurisdiction. It is widely expected to make such a decision. Then, the long haul negotiation will begin. The 1982 UN Convention on the Law of the Sea does not regulate marine genetic resources in areas beyond the national jurisdiction of States (BBNJ). Part XIII of the Convention could accommodate BBNJ research, but not its governance. The triangulation of three factors-the interim absence of an international framework for governance of BBNJ research, an indirect reference to this issue in the on-going BBNJ deliberations on access and benefit sharing and an interim laissez-faire attitude in BBNJ exploration and exploitation-leads to a need for transparency in governance of BBNJ research activities. To address this lacuna, a United Nations Register on BBNJ Research Activities is recommended, encouraging scientists from all regions including Asia to engage in BBNJ research.

Keywords : Governance, Marine Scientific Research of Bbnj, UNCLOS, Deep Seabed Area, Registration Convention

The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_06

A Chinese Perspective of Treaty Interpretation on the Status of Maritime Features: In Response to the South China Sea Arbitration Award

Jinxing Ma No. 15, Sha Tan Bei Jie, Dongcheng District, Beijing, 100720, P.R. China.
Corresponding Author: majinxing@cass.org.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The status of maritime features is one of the core issues in the South China Sea Arbitration. The essence of this issue is territorial sovereignty and maritime delimitation disputes between China and the Philippines. Based on the interception of certain facts and evidence, the Tribunal did not interpret the China's diplomatic position as it wanted, and it had an intensely subjective interpretation of Article 121(3) of the United Nations Convention on the Law of the Sea of 1982. Combined with the Chinese government's positions before and after the publicity surrounding the Award, this paper, which takes the logical approaches of the Award as the main line, focuses on chapter 6 of the Award, raising questions about disputes on the status of maritime features, analyzing the treaty interpretations related to the status of maritime features, and clarifying the defections.

Keywords : Arbitral Tribunal, South China Sea, Statue, Maritime Features, Treaty Interpretation, In Dubio Mitius

The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_05

Modern-day Slavery at Sea: Human Trafficking in the Thai Fishing Industry

Zezen Z. Mutaqin Fakultas Syariah dan Hukum, UIN, Jl. H. Djuanda No. 59 Ciputat, Jakarta, Indonesia.
Corresponding Author: zezen.zaenal@uinjkt.ac.id
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Most of the literature on modern-day slavery focuses on women and children as victims of the sex industry. This disproportionate emphasis on sexual exploitation has resulted in conflation of the term trafficking with prostitution, which has led to an understanding of human trafficking issues as separate from other workplace abuses that amount to slavery. By exploring modern-day slavery in the Southeast Asian fishing industry, this paper may fill a research gap within the study of human trafficking as well as sharpen our awareness of slavery practices, not only in the sex industry, but also in workplaces like fishing vessels and seafood processing factories. This paper will argue that the proximity of modern slavery to sexual exploitation and the lack of differentiation between smuggling and trafficking crime has led to the ignorance of contemporary slavery practices in other sectors.

Keywords : Human Trafficking, Slavery, Fishing Industry, Southeast Asia, Smuggling, Sex Trafficking

The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_04

Historic or Historical? Lost in Translation of "li shi xing quan li" in the South China Sea Arbitration

Ran Guo School of Foreign Languages, East China Normal University, Shanghai, P.R. China 200062.
Corresponding Author: rguo@fl.ecnu
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
In the South China Sea Arbitration, the Chinese term-"li shi xing quan li" was mistranslated into "historic rights short of title," regardless of the official English translation provided by Chinese government and preserved by international organizations. 'quan li' connotes a categorical meaning covering sovereignty and non-sovereignty rights, while "li shi xing" relates to claims and conduct historically before 1982. China's "li shi xing quan li" in the SCS developed with the history of the general category of historic rights-an umbrella concept connoting both exclusive historic title and non-exclusive historic sovereign rights. It included China's exclusive sovereignty over nansha qundao in the SCS and its non-exclusive sovereign rights in part of SCS. The Arbitral Tribunal's negligence of the conceptual difference led to uncertainty in China's maximum maritime entitlements in the SCS and reasonable doubt about its decision on the Philippines' Submissions 1 and 2.

Keywords : li shi xing quan li, Historic Rights, South China Sea Arbitration, China's EEZ/CS Act, UNCLOS

The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_03

Fundamental Principles of Space Resources Exploitation: A Recent Development of International and Municipal Law

Han Taek Kim 1 Gangwondaehak-gil, Chuncheon-si, Gangwon-do, 24341 Korea.
Corresponding Author: htkim@kangwon.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Space law is normally referred to international space law. As national space activities develop, however, national space laws have been legislated in many countries for the development of space resources. These are used to present conflicting cases between national and international space law (corpus juris spatialis internationalis) on the interpretation of space resource exploitation. This study is devoted to bridging the gap between these two legal systems. In this paper, the author will critically review the fundamental principles of space resource exploitation under international law and suggest a direction for setting up national space laws for future space resources. This paper is composed of seven parts, including a short Introduction and Conclusion. Part two will discuss acts pertaining to asteroid resources. Part three will deal with res extra commercium. Part four will analyze the non-appropriation principle. Part five will look into the common heritage of mankind. Part six will investigate res nullius humanitatus.

Keywords : OST, Moon Agreement, Non-Appropriation, Res Extra Commmercium, CHM, Res Nullius Humanitatus, COPUOS

The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_02

The Aftermath of the US Space Resource Exploration and Utilization Act: What's Left for China?

Shengli Jiang & Yun Zhao Room 333, Ming Shi Building, No. 555, Long Yuan Road, Song Jiang District, Shanghai, P.R. China.
Corresponding Author: win_jiang@sina.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The US Space Resource Exploration and Utilization Act 2015 aroused heated discussions. The international community has not yet reached consensus on the application of the concept of "common heritage of mankind" in the Moon Agreement. In accordance with the non-appropriation principle in the Outer Space Treaty, outer space is not subject to national appropriation. However, there is a need to balance the common interests of the international society and the interests of the States and private entities which invest heavily in the space resource exploration. The unilateral approach of the US by adopting a national law is not an ideal way to deal with space resource exploration. As a major space-faring nation, China should take a proactive approach in both national legislation and international cooperation in this field. At the international level, China should consider establishing an appropriate international regime for space resource management.

Keywords : Space Resource, Common Heritage of Mankind, Principle of Non-Appropriation, International Mechanism

The Full Text is available at: http://journal.yiil.org/home/archives_v11n1_01

The World Tourism Organization for Countering Terrorist Threats

N. Kala & Y. Abaydeldinov & T. Furman & A. Ponomarev Corresponding Author: nagimajanym@inbox.ru
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The paper defines the terrorist acts as a combination of factors that have a negative impact on the economic, social and natural environment of society. The UNWTO is a hub for these joint activities to organize tourism security. The distinguishing and novel feature of the organization is that, whilst most organizations provide international security for people permanently residing in a certain territory, the UNWTO interacts exclusively with relocated persons. The work undertaken by the UNWTO specifies that the threat in the tourism industry has a character of mutual exclusion in the aspect of presenting political claims as the causes of terrorism and reducing economic and social indicators as consequences of the activities of terrorist groups.

Keywords : International Tourism, International Terrorism, International Law, UNWTO

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_11

Refugee's Rights to HIV/AIDS Healthcare in Korea under the UNAIDS Guidelines

Sunjoo Kang & Younjoo Kim & Insook Kim Corresponding Author: iskim@yuhs.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
HIV/AIDS is an important global issue in human rights and health. The United Nations Refugee Convention clearly addresses to guarantee healthcare rights to refugees at the same level as those provided to citizens. In Korea, the number of refugee applicants has surged since the enactment of the Refugee Act in 2012. Regarding human dignity and human rights, however, there are serious concerns that Korea's healthcare laws and policies would not fully protect the right of foreigners who are suffering from financial hardship. This paper proposes the ways to improve healthcare equity by comparing the UNAIDS Guidelines to Korean policies on HIV-positive refugee applicants.

Keywords : Refugees, HIV/AIDS, Healthcare, Korea, UNAIDS Guideline 6, Global Health Security, WHO

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_10

Power, Jurisdiction and Admissibility: Reconceptualizing Procedural Legal Issues in the Interpretative Proceedings under Article 60 of the ICJ Statute

Yi Chao McGill University Faculty of Law, 3644 Peel St, Montreal H3A 1W9 Canada.
Corresponding Author: yi.chao@mail.mcgill.ca
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Article 60 of the ICJ Statute provides a mechanism for interpreting a previous binding judgment in the event of dispute as to the meaning or scope of that judgment. Procedural legal issues such as jurisdiction and admissibility in interpretative proceedings under Article 60 are different from those in regular contentious or advisory proceedings before the ICJ. The Court has developed a set of concrete rules in its jurisprudence under the simple wording of Article 60 to adjudicate on these procedural issues. However, a case-by-case examination of the Court's jurisprudence reveals that there is still no structurally clear and logically sound framework, because the ICJ fails to conceptually divide the issues of 'power,' 'jurisdiction,' and 'admissibility' in interpretative proceedings. In order to rectify this problem, this article proposes an analytical framework for the ICJ with a clearer conceptualization of the Court's 'power,' 'jurisdiction,' and 'admissibility' under Article 60 to clarify the meaning of its previous judgments in interpretative proceedings.

Keywords : Article 60 of the ICJ Statute, Interpretative Proceedings, Procedural Issues, Power, Jurisdiction, Admissibility

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_09

International Deep Seabed Mining and China's Legislative Commitment to Marine Environmental Protection

Hao Shen 105-6, Building 1, 1298 Changde Rd. Shanghai, P.R. China 200060.
Corresponding Author: hshen@law.ecnu.edu.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Part XI of the UNCLOS lays out the legal framework for deep seabed mining activities in the Area. Several countries have already passed domestic deep seabed mining laws fulfilling their obligations under the Convention and the regulations promulgated by the ISA, established under the Convention. China passed its own deep seabed mining law in 2016. China's deep seabed mining law aims at securing effective regulation of its sponsored contractors' deep seabed activities and ensuring the contractors' compliance with the rules and regulations issued by the ISA. China's law pays tremendous attention to marine environmental protection during contractors' deep seabed activities. This paper briefly describes the legal regime for international seabed mining, then illustrates China's legislative actions, examines the key environmental provisions of China's deep seabed law and analyzes the balancing of interests of multiple parties behind China's emphasis on marine environmental protection during the exploration and exploitation of deep seabed minerals.

Keywords : UNCLOS, Deep Seabed, China's Deep Seabed Mining Law, Environmental Protection, State Sponsorship

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_08

Natural Disaster in Armed Conflict Area: The Implementation of the Doctrine of Responsibility to Protect in the ASEAN

Natalia Y. Puspita Faculty of Law, Atma Jaya Catholic University of Indonesia, I.J. Kasimo Building 3rd. Fl., Jalan Jenderal Sudirman Kav. 51, South Jakarta, Indonesia 12930.
Corresponding Author: natalia.yp@atmajaya.ac.id
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
In the last decade, more natural disasters have occurred than before in the world. The ASEAN regions are particularly prone to such disasters. Natural disasters can happen anytime and will be a more serious problem in an armed conflict area. In disaster management, humanitarian assistance of the international community is basically subject to the principle of state sovereignty. In a conflict area, however, the principle of sovereignty must be harmonized with the doctrine of responsibility to protect. How could the ASEAN countries accept the doctrine of the responsibility to protect during natural disaster management in an armed conflict? This paper aims to analyze the doctrine of responsibility to protect in the course of managing natural disaster of an armed conflict area in terms of lessons from the ASEAN countries such as Indonesia, Myanmar and the Philippines.

Keywords : Natural Disaster, Armed Conflict, the Doctrine of Responsibility to Protect, ASEAN

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_07

Will Trump's Military Option against North Korea Work? Legal and Political Restraints

Eric Yong Joong Lee 562 Gwangnaruro, Kwangjin-gu #201, Seoul 05033 Korea.
Corresponding Author: grotian@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
North Korea's nuclear weapons and missiles are an unprecedented threat to the security of the United States, which has never been attacked by weapons of mass destruction. Pyongyang's provocations irritated President Trump and led him to openly consider military attacks against North Korea. The possibility of armed conflict between the United States and North Korea increased as both sides exchanged aggressive rhetoric. Military attacks against North Korea are virtually impossible in a legal as well as a practical sense. They will bring only disaster to all involved, including the US. The best way to resolve North Korea's nuclear issue is to rehabilitate the multilateral channel for dialogue and then begin talks. What if President Trump, however, implemented military options against North Korea because of the nuclear weapons development? The focus of this essay is to explore whether Trump can adopt military options against North Korea and if so, what legal and political considerations he must take.

Keywords : Trump, Kim Jong Un, North Korea, Nuclear Test, NPT, Military Option, Security Council Resolution 2375

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_06

Research and Teaching of International Law in Contemporary China: A Landscape Sketch

Lin Zhang & Lingsheng Zhang Room 207, School of Law, Fujian Normal University Qishan Campus, Minhou County, Fuzhou, Fujian Province, P.R. China.
8 Upper 3rd Rd, XueSheng Jie ChengShi GuangChang, Cangshan Qu, Fuzhou Shi, Fujian Sheng, P.R. China 350007
Corresponding Author: zlin1981@qq.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The rapid developments of research and teaching of international law in China have attracted the attention of international law academics of the world, who have looked over the landscape of international law in China with great interest. Unfortunately, existing literature has yet to completely satisfy their interests in this aspect. This article is intended to compensate for this gap by introducing representative international lawyers, publications, academic associations and research funding schemes on international law in China. More concretely, this paper will show the mainstream research sources of their Chinese counterparts as well as embrace teaching as part of the research system of international law in China. It is expected that, with their more attention into the holistic research methodology and the "One Belt, One Road" strategy, the Chinese academia of international law will contribute more to the international rule of law.

Keywords : International Lawyers, Research, Teaching, Contemporary China, Law Schools, Academic Societies

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_05

China's Practice in Treaty Reservations since 1949: A Critical Review

Yong Wang International Law School, East China University of Political Science and Law, No. 1575 Wanghangdu Road, Shanghai, 200042, P.R. China.
Corresponding Author: yongyongsh@163.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Since its founding in 1949, the People's Republic of China has acceded to more than 300 multilateral treaties. Among them, China made reservations to 83 treaties, accounting for nearly 27.7 percent of the total. Evidently, for China, formulating reservations to multilateral treaties is an issue of vital importance in the process of concluding and executing multilateral treaties. This paper examines the three main reasons why China inclines to formulate reservations to the treaties, then argues that the reservations formulated by China, whether in procedure or in substance, are not only in full conformity with the 1969 Vienna Convention on the Law of Treaties, but also full of Chinese characteristics. This paper also analyzes several specific reservations that China shall withdraw, and addresses the limitations of China's existing treaty reservation system. Accordingly, this paper concludes that the Chinese government should improve and perfect its treaty reservation system with some suggestions.

Keywords : Reservations to Treaties, Multilateral Treaties, Vienna Convention on the Law of Treaties, China's Practice

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_04

Communis Opinio and Jus Cogens: A Critical Review on Pro-Torture Law and Policy Argument

Gary Lilienthal & Nehaluddin Ahmad School of Law, University of Gondar, P.O. Box 196, Gondar, Ethiopia.
Sultan Sharif Ali Islamic University (UNISSA), Spg. 347 Jalan Pasar Baharu, Gadong, Brunei Darussalam, BE1310
Corresponding Author: carringtonrand@icloud.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The prohibition on torture has attained status as a peremptory norm of general international law. This gives rise to the obligation erga omnes to take action against those who torture. Despite this, most world states routinely conduct torture. Is there really a worldwide prohibition of torture? Argument is framed to demonstrate that the concept of a jus cogens peremptory norm, flowing erga omnes to all nations, is in practice unattainable, preventing any absolute and universal international law prohibition against torture. States cannot declare someone an enemy of all mankind, or bind all other states to that view. Jus cogens is a text writers' municipal communis opinio, but held administratively to be based in customary international law. Any prohibition against torture appears to remain in municipal customary law form, breaches of which are proved as arguments based on fact, eliminating operation of any absolute peremptory governing norm.

Keywords : Torture, Jus Cogens, Erga Omnes, Enemy of All Mankind, Communis Opinio, Customary International Law

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_03

Enactment and Enforcing Processes of the Japanese Feed in Tariff Law: Difficulties for Maximizing Renewable's Diffusion while Minimizing National Burden

Kenji Asano 1-6-1, Ohtemachi, Chiyoda, Tokyo, 100-8126, JAPAN.
Corresponding Author: k-asano@criepi.denken.or.jp
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This paper discusses enactment and enforcing processes of the Japanese renewables Feed in Tariff (FIT) Law and its amendment of 2017. Thanks to the introduction FIT in 2012, the installed capacity of renewable energy is growing rapidly. As of 2015, the renewable electricity ratio in the generated electric power amount of Japan is 14.6 percent. Meanwhile, the levy burden (surcharge) reached JPY 2.1 trillion (aprx. USD18.7 billion). Through the enactment process of the FIT Law, the upper limit of the burden initially determined by the Japanese Diet was removed. A fundamental measure could not be taken to control the installation and the burden since the law does not allow for revisions on the system based on the results of renewable installation, even if the financial burden increases rapidly. Therefore, the Japanese Diet weakened the efficiency of the FIT Law in Japan.

Keywords : Feed in Tariff, FIT Law, Renewable Energy, Japanese Diet, Article 8 Committee

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_02

Problems and Adjustments of Renewable Energy Legislation in China

Weidong Yang No.2 Beinong Road, Zhuxinzhuang, Dewai, Beijing, P.R. China 102206.
Corresponding Author: ywd@sunshinelaw.com.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The abandonment of wind and PV power has become the Achilles heel that restricts the development of renewable energy in China, which is associated with institutional defects in China's Renewable Energy Law. As a priority area in energy development, renewable energy is not substantialized. Instead, it is undermined because the guarantee system for purchasing electricity, generated by the use of renewable energy resources, in full amount, is alienated by lower-level laws. The unestablished mandatory legal obligations and responsibilities in power grid transmission networks lead to difficulties in renewable energy power generation, transmission, and accommodation. Due to the lack of continuity and stability in the feed-in tariff and subsidy policies for renewable energy, investors cannot have reasonable expectations. China's Renewable Energy Law must be remedied to correct these existing institutional defects, and to solve the problem of wind and PV power abandonment in order to promote the healthy development of renewable energy.

Keywords : China Renewable Energy Law, Institutional Defects, Power Grid Mandatory Investment Obligation, Legislative Adjustment

The Full Text is available at: http://journal.yiil.org/home/archives_v10n2_01

Today's Ambalat: Neglecting the Basepoints of Sipadan and Ligitan Islands for Maintaining the Equidistance Principle in the Disputed Area

M. Hendrapati et al. Hasanuddin University Faculty of Law, Jl. Perintis Kemerdekaan Km.10 Makassar, 90245, Sulawesi Selatan, Indonesia.
Corresponding Author: marcel.hendrapati@unhas.ac.id
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The "Sipadan and Ligitan" dispute was settled by the ICJ (2002), but its impact on basepoint for baseline and maritime delimitation on the Ambalat remains a contentious issue until now. Since the islands are used as basepoints by Malaysia that results in controversy between Indonesia and Malaysia. This essay will investigate the current situation over Ambalat regarding two basepoints islands for maintaining Equidistance Line in Disputed Area. It will discuss why Malaysia has no right to use the straight baseline or straight archipelagic baseline to connect the basepoints of Sipadan and Ligitan at Sabah and suggest measures to maintain equidistance line in Ambalat.

Keywords : Neglecting, Basepoint, Straight Archipelagic Baseline, Ambalat, Maritime Delimitation, Separate Opinion

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_13

Han Kim and North Korean Accountability for Torture and Unlawful Killing

Andrew Wolman Hankuk University of Foreign Studies, 270 Imun-Dong, Dongdaemun-gu, Globeedorm, #A806, Seoul 02450 Korea.
Corresponding Author: amw247@yahoo.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non- commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This note assesses the implications of the D.C. Circuit Court case of Han Kim v. Democratic People's Republic of Korea, in which the court found the North Korean state responsible for the torture and unlawful killing of Kim Dong Shik, a South Korean missionary who was abducted by the North Korean government while in China. In particular, this note shows how the judgment breaks new ground by holding a state responsible for torture and unlawful killing based solely on general evidence of that country's human rights practices, without additional information about the fate of the victim himself. This note also discusses this case's implications for the plaintiffs themselves, and for other victims of North Korean human rights abuses.

Keywords : Han Kim, North Korea, Accountability, Torture, Unlawful Killing

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_12

Transboundary Haze Pollution in Southeast Asia: The Effectiveness of Three Forms of International Legal Solutions

Kexian Ng 67 Jalan Songket, S'537438, Singapore Corresponding Author: kexian.ng@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non- commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Every September and October, entities in the palm oil and timber industries in Indonesia conduct slash-and-burn activities over peat land, causing transboundary 'haze' pollution. This paper analyzes the effectiveness of various legal solutions to tackle the transboundary haze pollution. There are mainly three forms of international law, customary international law, the ASEAN Agreement on Transboundary Haze 2002 and Singapore's extraterritorial Transboundary Haze Pollution Act 2014. Their effectiveness will be measured by Indonesia's increasing willingness to take domestic enforcement measures. This paper argues that the ASEAN Agreement is the primary instrument despite its lack of sanctions as it is neutral, non-confrontational and consistent with the 'ASEAN way.' The Singapore Act plays a complementary role, yet its invocation may strain relations between Singapore and Indonesia. Ultimately, the three forms of international law serve as a normative and facilitative source in nudging Indonesia to take more stringent domestic enforcement measures.

Keywords : International Environmental Law, Transboundary Air Pollution, Southeast Asia, Haze, Singapore, Indonesia, ASEAN

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_11

"Settled Completely and Finally": A Japanese Perspective on the Repatriationism of Cultural Property

Yoshiaki Sato Faculty of Law, Seikei University, 3-3-1 Kichijoji-Kitamachi, Musashino, Tokyo 180-8633 Japan.
Corresponding Author: sato@law.seikei.ac.jp
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non- commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This article focuses on the Korean claim for repatriation of cultural property currently located in Japan. Through an analysis of the relevant rules of international law, it demonstrates the established norm that the predecessor state is not obliged to repatriate the cultural property acquired in and exported from the annexed territory. It further shows that, even if Japan had not annexed the Empire of Korea and just occupied it, the repatriationists' claim would not hold water, as the question has been conclusively settled by a bilateral agreement between Japan and the Republic of Korea. Considering that the parties to a settlement should refrain from subsequently relitigating the matter, the author concludes that cultural property, which can be a powerful ambassador for promoting mutual understanding, should be dealt with in the framework of forward-looking cooperation, including mutual loans and possibly the creation of a multinational museum.

Keywords : Repatriation, Cultural Property, Intertemporal Law, UNESCO Convention, Joseon Wangsil Uigwe

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_10

Can Chinese Individuals Request the Restitution of Chinese Cultural Relics in Japan?: A Revisit under International Law

Hui Zhong TC Beirne School of Law, Forgan Smith Building, St Lucia Campus, Queensland, Australia.
Corresponding Author: hui.zhong@uq.net.au
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non- commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
During the Japanese Occupation of China (1931-45), countless Chinese cultural relics were simply destroyed or looted in accordance with Japan's notorious 'Three Alls Campaign,' also known as 'Burn all, loot all, and kill all'. Due to the 1972 Japan-Chian Joint Communiqu?, however, the Chinese Government renounced its demand for war reparation from Japan. The question then becomes whether, when the Chinese Government renounced its claims for war reparations in a peace treaty. Chinese individuals still have a means to vindicate their rights to request restitution of Chinese cultural relics from Japan. The primary purpose of this research is to tackle two questions: First, was the taking of Chinese cultural relics during the Japanese Occupation prohibited by law? Second, can the Chinese individuals legally require the restitution of looted cultural relics? This paper handles a case of a 1300-year's old Tang dynasty stele in Japan which has been asked to hand over to China since 2014.

Keywords : Chinese Cultural Relics, Japanese Occupation, Restitution and Individual Requests

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_09

Article 2 of the Korea-Japan Basic Treaty and Japan's Repatriation of Korean Cultural Properties: Reviewing Travaux Préparatoires

Yuji Hosaka Sejong University, 110 Gwanggaeto-gwan, 209 Neungdong-ro, Gwangjin-gu, Seoul 05006 Korea.
Corresponding Author: hosaka@sejong.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The Treaty on Basic Relations between the Republic of Korea and Japan was signed as a result of Korea-Japan talks from October 1951 to June 1965. Article 2 of the Korea-Japan Basic Treaty stipulates the so-called “Article Related to the Former Treaties and Agreements.” A compromise was adopted with the term, “already null and void.” As regards this expression, Japan asserts that the period of Japanese occupation was once valid, while Korea maintains that it has been “fundamentally null and void.” So, the meaning does not change even if ‘already’ is inserted in the beginning. Korean cultural properties taken away to Japan during the period of Japanese occupation should all be returned to Korea, but Japan evaded the expression, ‘return’ until Korea referred to the term, ‘turn over’ as an intermediate expression between ‘return’ and ‘donation.’ The author believes that the more both sides mutually communicate with each other for universal value, the earlier they arrive at the final resolution for these issues under international law and justice.

Keywords : Korea-Japan Basic Treaty, the Former Treaties and Agreements, Already Null and Void, Cultural Properties, Return, Turn Over

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_08

Dissolution of the Unified Progressive Party Case in Korea: A Critical Review with Reference to the European Court of Human Rights Case Law

Jongcheol Kim Yonsei University School of Law, 50 Yonseiro, Seodaemungu, Seoul 03722 Korea.
Corresponding Author: jkim386@yonsei.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This article aims to introduce and critically analyze the jurisprudence and its application in the UPP case in South Korea with reference to the ECtHR case law. In this controversial case, the CCK decided to dissolve the UPP and, without any basis in positive law, disqualify five National Assembly members affiliated with it. It is argued that when the CCK attempted to articulate the principle of proportionality that the ECtHR case law has firmly developed in this field and to apply it to this case, standards governing the dissolution of political parties were distorted at least in two ways. First, it substituted 'social need' for "pressing social need." Second, it deliberately omitted the requirement of 'sufficient imminence.' In addition, the reasoning of the majority of eight justices based upon the rule of evidence in civil proceedings can also be criticized for being too abrupt to be justified in this highly controversial case of constitutional importance.

Keywords : Dissolution of Political Party, United Progressive Party, Constitutional Court of Korea, ECtHR, Democratic Basic Order

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_07

The Harmonization of Competition Laws towards the ASEAN Economic Integration

Udin Silalahi Faculty of Law Univesitas Pelita Harapan Jl. M.H. Thamrin Boulevard 1100 Lippo Village, Tangerang 15811 Indonesia.
Corresponding Author: udin.silalahi@uph.edu
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
On December 31, 2015, the ASEAN Economic Community had officially been launched. The direct impact of this policy will be on the field of Competition Law which differs from one country to another. The Competition Law plays an important role in ensuring fair and equitable business practices within the ASEAN. The ASEAN has its Regional Guidelines on Competition Policy to assist its member countries to increase their awareness about fair and equitable business practices. This policy only serves as a guideline and has not been adopted as an enforceable rule. Therefore, the business competition in the domestic market involving the ASEAN member's company is still being regulated by each ASEAN member country. This paper examines and analyzes the role of the competition law in addressing the intra-ASEAN members' unfair business practices and the needs for the harmonization of the competition law within the ASEAN Countries as a transition to promulgate the ASEAN Competition Law.

Keywords : ASEAN, AEC, Competition Law, Harmonization of Competition Law

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_06

The ASEAN Single Shipping Market: Towards a Regional Cabotage Regime

Chinyere Ezeoke Faculty of Law, University of Malaya, 50603, Kuala Lumpur, Malaysia.
Corresponding Author: cmezeoke@um.edu.my
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
ASEAN's goal of establishing a single shipping market is consistent with its desire to create a highly integrated, connected and competitive region in which cross-border, intra-ASEAN establishment and provision of shipping services is permitted. However, the measures currently being mapped out for achieving the single shipping market have not included liberalizing cabotage. This article argues that abolishing cabotage by removing the prohibition on the ASEAN ship-owners to engage in each other's domestic shipping is a necessary requirement to fully achieve a single shipping market. It discusses the cabotage regimes in the four ASEAN States, namely Malaysia, Indonesia, the Philippines and Thailand. It highlights the vessel registration, licensing and manning requirements of each State. Further, the article discusses the regulatory provisions that exclude foreign ship-owners from domestic shipping and the scope of the exemptions from cabotage. Finally, it makes recommendations on how the disparate regulatory provisions can be harmonized through the adoption of an ASEAN agreement on cabotage.

Keywords : ASSM, AEC, Maritime Cabotage, EU Regulation, Malaysia, Indonesia, The Philippines, Thailand

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_05

Enforcing a New National Security? China's National Security Law and International Law

Congyan Cai Faculty of Law, Xiamen University Xiamen City, Fujian Province 361005 China.
Corresponding Author: caicongyan@xmu.edu.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
New national security (NNS) represents a twenty-first century's sociological paradigm on which the law is based on and is characterized by multiple actors, wide covering, low predictability, subjective perception, dual nature, and rampant diffusion. The emergence and expansion of the NNS prompts a highly advanced perspective to the rule of law at both the national and international levels, specifically, the relationship between international and domestic law. In this context, traditional approaches, 'international approach' or 'national approach,' are insufficient, so that a new 'managerial approach' is thus needed. The legal practice in relation to national security of China, a rising great power, attracts close attention in the international society. Furthermore, since Chinese conception of national security has its own 'Chinese characteristics,' how China will enforce its national security law in the context of international law remains to be seen. The NNS will lead profound sociological transformation upon which all legal orders are based.

Keywords : New National Security, National Security Law, International Law, China

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_04

Brexit's Challenge to Globalization and Implications for Asia: A Chinese Perspective

Shucheng Wang City University of Hong Kong School of Law, Tat Chee Avenue, Kowloon, Hong Kong.
Corresponding Author: shucheng.wang@fulbrightmail.org
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Brexit represents a backlash against globalization and runs in parallel with Donald Trump's presidential election. Both of these signal the rise of the nation-state and the rejection of the neoliberal vision of globalization in which national sovereignty has been increasingly dissolved. The article argues that it also has fundamental implications for Asia. In particular, China as the world's second largest economy is playing a bigger role in the region. Furthermore, with the rise of China, Asia's global order has become relatively fragile and multilayered in the sense that all big powers, such as the US and Japan, have their relative positions in the region simultaneously. In this regard, it would be more realistic for Asian countries to base their integration on their national sovereignty in a pragmatic way that they can maintain flexibility to the changing order of the world.

Keywords : Brexit, Globalization, Asia, Rise of China, National Sovereignty

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_03

Brexit: Is Britain Coupable?

Hyung Bok Chae Kyungpook Nat'l University Law School, 80 Daehak-ro, Bukgu, Daegu 41566 Korea.
Corresponding Author: europia@knu.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
In a referendum on June 23, 2016: 51.9 percent of the British electorate voted in favor of the UK's withdrawal (Brexit) from the EU. The reasons are varied, and many were surprised by such 'unintended consequences.' However, Britain is setting a new global strategy to escape the regionalism of integrated Europe by choosing traditional 'splendid isolation.' Nonetheless, Britain could not immediately leave the EU; it must first conclude a withdrawal agreement in accordance with the procedure in Article 50 of the Treaty on the European Union. In this process, strong opposition within British society will pose great challenges, accompanying numerous other barriers to overcome. Following the Supreme Court ruling on January 24, 2017, the UK government recently completed the required parliamentary approval process before initiating Brexit negotiations with the EU. This paper concludes that Britain is indeed coupable of opting to return to nationalism based on sovereignty rather than peace, coexistence, and solidarity in Europe.

Keywords : Brexit, United Kingdom, Britain, European Union, Referendum

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_02

The Investment Protection Chapter of the EU-Singapore Free Trade Agreement: A Model for the Post-Brexit UK IIAs

Siraj Shaik Aziz Singapore Management University School of Law, 81 Victoria Street, Singapore 188065.
Corresponding Author: siraj.sa.2010@law.smu.edu.sg
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The impending British exit (Brexit) from the European Union has placed the UK's investment policy at a crossroads. A post-Brexit UK will now have to reorganise its investment relationships with its economic partners through bespoke UK IIAs. This exercise will have to accommodate the shifting zeitgeist concerning the balance of investors' rights and the right to regulate IIAs that is expected. This paper examines the continued relevance of the recently minted Investment Protection Chapter in the EU-Singapore Free Trade Agreement, acknowledged by Britain's power brokers, as a persuasive model for the UK to emulate for this purpose. This is notwithstanding the uncertainties that now surround the implementation and efficacy of the Agreement in light of Brexit and a pending decision from the Court of Justice of the European Union. Such emulation would ultimately make for a better Investor-State Dispute Settlement System in the UK IIAs by providing a much needed update to its old investment treaty architecture.

Keywords : EUSFTA, Investment Chapter, Brexit, ISDS, Right to Regulate, Code of Conduct, Roster of Arbitrator

The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_01

The 'All Okinawa' Movement: Political and Legal Implications of the Okinawan Protest against the US Bases

Pilsu Jin 408 Graduate School of International Studies Building, Seoul National University, 1 Gwanak-ro, Gwanak-gu, Seoul 08826 Korea.
Corresponding Author: jpslalala@naver.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This essay reviews the 'All Okinawa' anti-base movement, which has entered a new phase since November 2014. The Abe administration's coercive measures to proceed with the relocation of the US Marine Corps Air Station Futenma to Henoko in Okinawa, have aroused strong opposition. Led by Governor Onaga and the All Okinawa Council, the 'All Okinawa' movement has integrated the civic opinions for opposing the construction of a new base at Henoko. Moreover, this movement has pursued the autonomy as a way of exercising the right of self-determination. In addition, it contains an ethnic minority movement that reestablishes the Okinawan identity in relation to Japan.

Keywords : 'All Okinawa,' US Base, Anti-Base Movement, Futenma, Henoko, Autonomy, Identity Politics, Okinawa

The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_12

A Long Road to Brexit: How Britain came to leave the EU

Keechang Kim Korea University Law School, 145 Anam-ro Seongbuk-gu, Seoul 02841 Korea.
Corresponding Author: keechang@korea.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
In a referendum held in 2016, Britain voted to leave the EU. Britain's membership of the EU has been a difficult one. Unlike the other leading Member States of the EU, Britain did not seem to have a firm conviction that "ever-closer union" of the peoples of Europe is essential to the peace and liberty of Europe. In the wake of increased immigration and the recent refugee crisis, the British people chose to leave the EU in order to have their sovereignty and independence re-affirmed. It remains to be seen what will be the economic consequences of this largely political decision.

Keywords : Brexit, EU, direct effect, supremacy of the Community law, Parliamentary Sovereignty, Single Market

The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_11

The Restrictive Immunity Doctrine and Employment Claims: Recent Trends in the Face of Competing Interests

Yasir Gökçe Fatih Mah. Sereflikochisar cad. No.79, Ortakoy Aksaray 68400 Turkey
Corresponding Author: yasir_gokce@hks16.harvard.edu
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Absolute immunity means that a State cannot exercise legislative, judicial or executive powers over another State due to the mere fact that the latter is sovereign. Today, it is rejected by a considerable number of States which represent various legal systems. States argue that private acts of a State performed jure gestionis, apart from the conducts performed jure impreii, are justiciable. It can be asserted that the current State practice embracing the restrictive approach is the direction in which international law has been evolving. That said, States’ interests which led to the adoption of State immunity still continue to induce legislative bodies and courts to be cautious in formulating a broad exception to immunity for employment contracts, causing them to refocus on the question of whether the employment relationship is destined for governmental, public, or sovereign purposes.

Keywords : Sovereign Immunity, Absolute Immunity, Restrictive Doctrine, Customary International Law, Exceptions to State Immunity, Employment Contracts

The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_10

The Sino-Philippine Arbitration on the South China Sea Disputes and the Taiwan Factor

Michael Sheng-ti Gau National Taiwan Ocean University, No. 1, Peining Road, Keelung City, 20224, Taiwan.
Corresponding Author: mikegau97@msn.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The Sino-Philippine Arbitration on the South China Sea Disputes was over on July 12, 2016, with a Merits Award in Philippine favor. Beijing rejected this arbitration and abstained from submitting written and oral arguments. Taiwan actively engaged in the debate with the Philippines since July 7, 2015. Not deemed as representative of China, Taiwan was considered capable of clarifying the meaning of the U-Shaped Line it first published in 1947 when seated in Nanjing, representing China then. The biggest maritime feature in the Spratly Islands, i.e. Taiping Island (Itu Aba), has been occupied by troops from mainland China since 1946 and then from Taiwan since 1956. The legal status of Taiping Island was the key to success of Philippine Submissions. The factual information from Taiwan became vital. This paper examines Taiwan's role in this arbitration and the degree to which it could actually speak for China at such legal proceedings.

Keywords : South China Sea Arbitration, UNCLOS, Annex VII-Tribunal, Taiping Island, U-Shaped Line, Article 121 of UNCLOS

The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_09

Taiwanese Position in the South China Sea Dispute: Before and After the Permanent Court of Arbitration Award

Yen-Chiang Chang Shandong University School of Law, Jinan, Shandong Province, P.R. China.
Corresponding Author: ycchang@sdu.edu.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This note aims to explore the Taiwanese position before and after the Permanent Court of Arbitration Award regarding the South China Sea dispute. The findings suggest that the new Taiwanese Authority, led by Tsai Ing-Wen, has taken a slightly different approach toward the South China Sea, compared to Ma Ying-Jeou's administration. The new Taiwanese Authority makes no comment on the eleven-dash line claim, which, in turn, implies that its approach is closer to that of the American orientation. It is suggested that the South China Sea Peace Initiative, proposed by Ma Ying-Jeou's administration, should be followed by Tsai's administration. In addition, the recognition of the 1992 Consensus by Tsai's administration will encourage mainland China to consider Taiwan as one of the key players in future South China Sea negotiations.

Keywords : South China Sea Disputes, Taiwanese Position, Permanent Court of Arbitration Award

The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_08

Problematic Expansion on Jurisdiction: Some Observation on the South China Sea Arbitration

Xiaoyi Zhang #3 Maguanying Jiayuan, China Institute for Marine Affairs (CIMA), State Oceanic Administration, Fengtai District, Beijing 100161 P.R. China.
Corresponding Author: zhangxiaoyi@cima.gov.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract

Following its jurisdictional decision in October 2015, the arbitral tribunal constituted under Annex VII to the UNCLOS issued its final award on July 12, 2016 in the South China Sea Arbitration case. It found overwhelmingly in favor of the Philippines. This article comments on two of the flaws regarding the issue of jurisdiction arising from both preliminary and final awards of the case. It firstly calls into question the inconsistent standard adopted in identifying jurisdictional obstacles, and finds a pro-jurisdictional bias in the Tribunal's awards. It further analyses the fallacious approach of fragmenting the maritime delimitation disputes, and suggests the legal conundrum of status and entitlement of maritime features related to Sino-Philippine sea boundary delimitation should not constitute a separate dispute subject to legal proceedings. By purposefully downplaying jurisdictional obstacles and exercising powers on false disputes, the tribunal raises doubts to its legitimacy.

Keywords : UNCLOS, Annex VII, Arbitral Tribunal, Jurisdiction, South China Sea, Maritime Delimitation

The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_07

The 2014 Enabling Law of the Myanmar National Human Rights Commission and the UN Paris Principles: A Critical Evaluation

Jonathan Liljeblad Swinburne University of Technology Law School, H25 P.O. Box 218, Hawthorn, Victoria 3122 Australia.
Corresponding Author: jonathan.liljeblad@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
In March 2014 the Myanmar Hluttaw, or Parliament, enacted the Myanmar National Human Rights Commission Law, which provided a statutory basis for a national human rights body in Myanmar. The Myanmar government declared to the United Nations Human Rights Council that the Enabling Law was compliant with the United Nations Paris Principles that set international standards for national human rights institutions. Despite the claims of the Myanmar government, however, critics charge the Enabling Law is insufficient, with detractors claiming the law leaves the MNHRC with anaemic powers incapable of advancing human rights. This paper responds to such issues by conducting an independent evaluation of the MNHRC Enabling Law under the Paris Principles. In doing so, the analysis treats the Enabling Law as a case study demonstrating how the Paris Principles can be exercised by third parties as the UN-supported international standards for national human rights institutions.

Keywords : Myanmar, Enabling Law, MNHRC, Paris Principles, OHCHR, NHRIs, ICC Sub-committee

The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_06

Active Debris Removal: Potential Legal Barriers and Possible Ways Forward

Jinyuan Su School of Law, Xi'an Jiaotong University, 28 Xianning West Road, Xi'an, Shaanxi 710049, P.R. China.
Corresponding Author: jinyuan.su@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The space environment is unique. Natural decay of debris therein is much slower than pollutants in other environments, so that removal is difficult and expensive. Despites the voluntary implementation of mitigation guidelines, the amount of debris has surged in the last two decades due to increase and diversification of space actors, and the continuing militarization of space. Active Debris Removal has thus become a promising responsive scenario. This article examines key legal barriers to the implementation of removal, such as the lack of legal definition of space debris, ambiguities surrounding the jurisdiction and control over space debris, liability for possible damages caused in removal, and implications for space arms control. It further proposes that more comprehensive registration of space objects, an international catalogue of space debris and an international fund for removal should be promoted. Also, international cooperation should be enhanced to cope with space debris, while space arms control should be strengthened.

Keywords : Active Debris Removal, Debris Mitigation, Registration, Dual-Use

The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_05