Michael Sheng-ti Gau National Taiwan Ocean University, Taiwan.
No. 2 Pei-Ning Road, Keelung 20224 Taiwan ROC.
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 countries in East Asia continue to have problems in maritime boundary delimitation. The collision on September 7, 2010 between a Chinese fishing vessel (Minjinyu) and a Japanese patrol boat in the waters near Diaoyu/Senkaku Islands is interesting to observe as a step in dispute settlement process. The differences between the PRC and Japan on maritime boundary delimitation for the East China Sea and the legal status of Diaoyu/Senkaku Islands are demonstrated by this incident. To see things in their context, it is necessary to observe the practices of East Asian countries in handling their maritime boundary delimitations, especially those involving islands with disputed legal status. The rules of international law relating to the pacific settlement of dispute and maritime delimitation dispute resolution, which involve a preliminary sovereignty dispute over islands, are also relevant as a much broader background. The author will examine why certain maritime delimitation cases are particularly hard to handle. The lessons drawn from this paper is inspiring for Taiwan, a long-time marginalized player in East Asian regional affairs. The author will examine the difficulties and opportunities for Taiwan in maritime boundary delimitation and offer a suggestion on how to accomplish such task with neighboring countries.
Keywords : Diaoyu/Senkaku Islands, Japan's Northern Territories, Maritime Boundary Delimitation, JDZ, Taiwan, Minjinyu
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.06
2015년 12월 15일 화요일
Indonesian Customary Law and European Colonialism: A Comparative Analysis on Adat Law
Zezen Zaenal Mutaqin State Islamic University, Indonesia
Fakultas Syariah dan Hukum, UIN Jakarta, Jl. H. Djuanda No. 59 Ciputat.
Corresponding Author: zmutaqin14@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
This paper argues that what Van Vollenhoven did in dealing with adat law was in fact part and parcel of the colonial policy to exploit the colony for the benefit of the Dutch and had nothing to do with being 'a good Samaritan' by saving 'the other' legal culture. What he did also was mainly triggered by what I refer to as cultural anxiety. His campaign to promote adat law was intensified by his fear of the rise of Islamic identity that would be used as a rebellious ideology by the people of Indonesia to fight against the Dutch. Furthermore, I argue that Van Vollenhoven's intellectual background, heavily influenced by European legal romanticism, had intensified his advocacy to promote adat law in Indonesia.
Keywords : Adat Law, Colonialism, NEI, Unification, Codification, Legal Pluralism, Romanticism, Cuturalist, Legal Positivism
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.05
Fakultas Syariah dan Hukum, UIN Jakarta, Jl. H. Djuanda No. 59 Ciputat.
Corresponding Author: zmutaqin14@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
This paper argues that what Van Vollenhoven did in dealing with adat law was in fact part and parcel of the colonial policy to exploit the colony for the benefit of the Dutch and had nothing to do with being 'a good Samaritan' by saving 'the other' legal culture. What he did also was mainly triggered by what I refer to as cultural anxiety. His campaign to promote adat law was intensified by his fear of the rise of Islamic identity that would be used as a rebellious ideology by the people of Indonesia to fight against the Dutch. Furthermore, I argue that Van Vollenhoven's intellectual background, heavily influenced by European legal romanticism, had intensified his advocacy to promote adat law in Indonesia.
Keywords : Adat Law, Colonialism, NEI, Unification, Codification, Legal Pluralism, Romanticism, Cuturalist, Legal Positivism
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.05
The Way Forward for Promoting Awareness of Space Law in Asia: A Proposal for Institutional Capacity Building
Yun Zhao University of Hong Kong, Hong Kong.
KK Leung Building, HKU Pokfulam Road, Hong Kong.
Corresponding Author: zhaoy@hku.hk
ⓒ 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
International cooperation in outer space affairs has always been considered vital to the development of space activities. Such cooperation happens in different levels and different areas. Regional cooperation is especially meaningful to the regions concerned. We have witnessed important developments of space cooperation in Asia in the last few years. However, the cooperation so far is largely limited to technological aspects. We urgently need to see the cooperation in promoting awareness of space law in this region. This article proposes that the establishment of the Asia-Pacific Space Law Center, modeling on the European Center for Space Law, could fill the gap and play an important role in the promotion and education of space law in Asia. Nevertheless, in view of the current situation in the region, we may need to adopt the second best approach, that is, to establish a section within the Asia-Pacific Space Cooperation Organization solely dealing with promoting regional cooperation for space law.
Keywords : Space Cooperation, Asia-Pacific Space Law Center, Asia-Pacific Space Cooperation Organization, Capacity Building
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.04
KK Leung Building, HKU Pokfulam Road, Hong Kong.
Corresponding Author: zhaoy@hku.hk
ⓒ 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
International cooperation in outer space affairs has always been considered vital to the development of space activities. Such cooperation happens in different levels and different areas. Regional cooperation is especially meaningful to the regions concerned. We have witnessed important developments of space cooperation in Asia in the last few years. However, the cooperation so far is largely limited to technological aspects. We urgently need to see the cooperation in promoting awareness of space law in this region. This article proposes that the establishment of the Asia-Pacific Space Law Center, modeling on the European Center for Space Law, could fill the gap and play an important role in the promotion and education of space law in Asia. Nevertheless, in view of the current situation in the region, we may need to adopt the second best approach, that is, to establish a section within the Asia-Pacific Space Cooperation Organization solely dealing with promoting regional cooperation for space law.
Keywords : Space Cooperation, Asia-Pacific Space Law Center, Asia-Pacific Space Cooperation Organization, Capacity Building
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.04
Space Traffic Management as a Guiding Principle of the International Regime of Sustainable Space Activities
Yu Takeuchi Japan Aerospace Exploration Agency, Japan
1-6-5 Marunouchi, Chiyoda-ku, Tokyo 100-8260 Japan.
Corresponding Author: takeuchi.yu@jaxa.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
The necessity of Sustainable Development of Space Activities, which can be seen as a concept receiving some impression from Sustainable Development, has been actively debated over last decade. This paper examines the current status of the international regime of space activities by comparing the international regime of sustainable development and analyzing the norms and principles applied in the Draft Code of Conduct of Space Activities of the EU and the Long Term Sustainability of Space Activities. The paper concludes that the Space Traffic Management system should set the guiding principles for international space activities.
Keywords : Space Traffic Management, Long term sustainability of space activities, Draft Code of Conduct of Space Activities of the EU
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.03
1-6-5 Marunouchi, Chiyoda-ku, Tokyo 100-8260 Japan.
Corresponding Author: takeuchi.yu@jaxa.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
The necessity of Sustainable Development of Space Activities, which can be seen as a concept receiving some impression from Sustainable Development, has been actively debated over last decade. This paper examines the current status of the international regime of space activities by comparing the international regime of sustainable development and analyzing the norms and principles applied in the Draft Code of Conduct of Space Activities of the EU and the Long Term Sustainability of Space Activities. The paper concludes that the Space Traffic Management system should set the guiding principles for international space activities.
Keywords : Space Traffic Management, Long term sustainability of space activities, Draft Code of Conduct of Space Activities of the EU
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.03
Liability Regime of International Space Law: Some Lessons from International Nuclear Law
Lalin Kovudhikulrungsri Leiden University, Netherlands
131/91 St. Louis 3 Sathorn Bangkok, 10120 Thailand.
Duangden Nakseeharach
Mahasarakham University, Thailand
6/14 Chidchol Village, Gerng District, Maueng, Mahasarakham 44000 Thailand.
Corresponding Author: lalin.kov@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
Since 1960, the international community has established a plenty of multilateral agreements on liability regime for ultra-hazardous activities, particularly in the area of international nuclear and space law. The liability regime of nuclear damage has imposed compensation exclusively on operators of nuclear installations whether private or State under strict liability principle of the international conventions. Moreover, new changes of international nuclear conventions following Chernobyl incident reflect a significant change of liability for nuclear accidents. Although there was similar incident, called Cosmos 954 case, with nuclear activity, international space law has not developed and remained ambiguous in certain respects, while imposing absolute liability on State actors. This paper, thus, studies whether States, alone, should be liable for all damage from space activities caused by private operator, similar to the liability scheme of international nuclear law. Moreover, vague term in international space law, for instance, damage and other relevant concepts such as space safety standard and international space organization have been taken into account by comparative approach with the terms of international nuclear law.
Keywords : Liability Regime, International Space Law, International Nuclear Law, Strict Liability, Cosmos 954 Case, Chernobyl Incident
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.02
131/91 St. Louis 3 Sathorn Bangkok, 10120 Thailand.
Duangden Nakseeharach
Mahasarakham University, Thailand
6/14 Chidchol Village, Gerng District, Maueng, Mahasarakham 44000 Thailand.
Corresponding Author: lalin.kov@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
Since 1960, the international community has established a plenty of multilateral agreements on liability regime for ultra-hazardous activities, particularly in the area of international nuclear and space law. The liability regime of nuclear damage has imposed compensation exclusively on operators of nuclear installations whether private or State under strict liability principle of the international conventions. Moreover, new changes of international nuclear conventions following Chernobyl incident reflect a significant change of liability for nuclear accidents. Although there was similar incident, called Cosmos 954 case, with nuclear activity, international space law has not developed and remained ambiguous in certain respects, while imposing absolute liability on State actors. This paper, thus, studies whether States, alone, should be liable for all damage from space activities caused by private operator, similar to the liability scheme of international nuclear law. Moreover, vague term in international space law, for instance, damage and other relevant concepts such as space safety standard and international space organization have been taken into account by comparative approach with the terms of international nuclear law.
Keywords : Liability Regime, International Space Law, International Nuclear Law, Strict Liability, Cosmos 954 Case, Chernobyl Incident
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.02
Prevention of Outer Space Weaponization under International Law: A Chinese Lawyer's Perspective
Yan Ling China University of Political Science and Law, China.
Faculty of International Law, China University of Political Science and Law, No. 25 Xi Tu Cheng Road, Haidian District, Beijing 100088 China.
Corresponding Author: lingy450@yahoo.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
Since the existing international legal regime governing space weapons is inadequate, the international community is worried about the weaponization of outer space. This paper introduces the efforts and contributions in this regard made by the UN General Assembly, the Conference on Disarmament, the UN Committee for Peaceful Uses of Outer Space and the UN Institute for Disarmament Research. It then analyzes several different approaches to solving the problem of weaponization of outer space, i.e. amendment of Article IV of the Outer Space Treaty, conclusion of a multilateral treaty on comprehensive prohibition of space weapons, and transparency and confidence-building measures in outer space activities. It concludes that a multilateral treaty on the prevention of weaponization of outer space with appropriate verification mechanism will be a final solution. At the present stage, a combination of various CBMs can also serve the purpose to prevent space weapons.
Keywords : Outer Space Treaty, Space Weaponization, Prevention of Space Weapons, Multilateral Treaty, Transparency and Confidence-Building Measures, Code of Conduct
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.01
Faculty of International Law, China University of Political Science and Law, No. 25 Xi Tu Cheng Road, Haidian District, Beijing 100088 China.
Corresponding Author: lingy450@yahoo.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
Since the existing international legal regime governing space weapons is inadequate, the international community is worried about the weaponization of outer space. This paper introduces the efforts and contributions in this regard made by the UN General Assembly, the Conference on Disarmament, the UN Committee for Peaceful Uses of Outer Space and the UN Institute for Disarmament Research. It then analyzes several different approaches to solving the problem of weaponization of outer space, i.e. amendment of Article IV of the Outer Space Treaty, conclusion of a multilateral treaty on comprehensive prohibition of space weapons, and transparency and confidence-building measures in outer space activities. It concludes that a multilateral treaty on the prevention of weaponization of outer space with appropriate verification mechanism will be a final solution. At the present stage, a combination of various CBMs can also serve the purpose to prevent space weapons.
Keywords : Outer Space Treaty, Space Weaponization, Prevention of Space Weapons, Multilateral Treaty, Transparency and Confidence-Building Measures, Code of Conduct
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.2.01
Dispensation of Justice by the Extraordinary Chambers in the Courts of Cambodia: A Critical Appraisal
M. Ehteshamul Bari Manarat International University, Malaysia
Bungalow No-55, Jalan (Street)- 16/2, Section-16, 46350 Petaling Jaya, Selangor, Malaysia.
Corresponding Author: mebari07@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
This article examines the Extraordinary Chambers in the Courts of Cambodia established to try those responsible for the atrocities perpetrated against the Cambodian people by the former Khmer Rouge Regime (1975-1979). It focuses on the trial of the first case conducted by the ECCC which resulted in the 'lenient' judgment. The paper then outlines in details the factors such as political interference, corrupt practices and inordinate delay of the legal process which are undermining the ECCC's credibility to administer fair justice to the victims of genocide, crimes against humanity and war crimes. Finally, it stresses on the fact that the failure of the ECCC and its stakeholders to duly address these fundamental issues would end in the farcical dispensation of justice.
Keywords : ECCC, War Crimes, Crimes against Humanity, Genocide, Political Interference, Corruption and Inordinate Delay
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.10
Bungalow No-55, Jalan (Street)- 16/2, Section-16, 46350 Petaling Jaya, Selangor, Malaysia.
Corresponding Author: mebari07@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
This article examines the Extraordinary Chambers in the Courts of Cambodia established to try those responsible for the atrocities perpetrated against the Cambodian people by the former Khmer Rouge Regime (1975-1979). It focuses on the trial of the first case conducted by the ECCC which resulted in the 'lenient' judgment. The paper then outlines in details the factors such as political interference, corrupt practices and inordinate delay of the legal process which are undermining the ECCC's credibility to administer fair justice to the victims of genocide, crimes against humanity and war crimes. Finally, it stresses on the fact that the failure of the ECCC and its stakeholders to duly address these fundamental issues would end in the farcical dispensation of justice.
Keywords : ECCC, War Crimes, Crimes against Humanity, Genocide, Political Interference, Corruption and Inordinate Delay
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.10
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