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
2019년 3월 15일 금요일
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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