Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 35 (2017): Chinese (Taiwan) Yearbook of International Law and Affairs, cartea 35
Editat de Ying-jeou Maen Limba Engleză Hardback – 5 dec 2018
Questions and comments can be directed to the editorial board of the Yearbook by email at yearbook@nccu.edu.tw
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Specificații
ISBN-13: 9789004386433
ISBN-10: 9004386432
Dimensiuni: 155 x 235 mm
Greutate: 0.59 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Chinese (Taiwan) Yearbook of International Law and Affairs
ISBN-10: 9004386432
Dimensiuni: 155 x 235 mm
Greutate: 0.59 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Chinese (Taiwan) Yearbook of International Law and Affairs
Cuprins
Preface xiii
Ying-jeou Ma
Some Personal Reflections about Getting Started as an International Lawyer
James A.R. Nafziger
Breaking the Silence of the Executive: The Residual Role of the Common Law Courts in the Determination of Statehood
Michael Hwang S.C. and Lim Si Cheng
Sovereignty over Dokdo as Interpreted and Evaluated from the Korean-Japanese Exchanges of Notes Verbale (1952–1965)
Hyun-jin Park
Roles and Functions of Official Transitional Justice Mechanisms in the Asia-Pacific Region in the Development of International Law
Yasue Mochizuki
Third Parties and Insular Features After the South China Sea Arbitration
Brian McGarry
“Recognition” of Governments by International Organizations – The Example of the UN General Assembly and Asian States
Agata Kleczkowska
Coming “Inside”: An Analysis of Visa Waiver Privileges for Domiciled ROC (Taiwan) Citizens with Reference to the United States
Wei Zheng Toh
Compiled by Chun-i Chen, Pasha L. Hsieh, Pei-Lun Tsai, Chun-Liang Lai, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law
Explanatory Note
IInternational Law in General
Foreign Policy Report, 9th Congress of the Legislative Yuan, 3nd Session (March 6, 2017)
President Tsai’s Remarks at 2017 Asia-Pacific Security Dialogue
Foreign Policy Report, 9th Congress of the Legislative Yuan, 4th Session (October 2, 2017)
IISubjects of International Law
IIIInternational Organizations
Republic of China (Taiwan) and Intergovernmental Organizations
mofa Expresses Deep Regret and Dissatisfaction that Taiwan Not Yet Invited to WHA
Republic of China (Taiwan) Rejects WHO Characterization of Its Participation in World Health Assembly and Expresses Its Strong Dissatisfaction to WHO Secretariat
roc Government’s Position on Mainland Chinese Interference with Taiwan’s Participation in WHA
mofa Grateful to ROC Diplomatic Allies, Partner Countries for Staunch Support of Taiwan’s 2017 WHA Participation
The Government Again Intensely Protests Mainland China’s Improper Obstruction of Taiwan’s Participation in this Year’s WHA
roc Government Announces Details of 2017 Campaign for UN Participation
President Tsai Selects James Soong as Her Leader’s Representative for 2017 APEC Economic Leaders’ Week
Leader’s Representative James Soong Explains Results Achieved by ROC Delegation during 25th APEC Economic Leaders’ Week
IVIndividuals
Judicial Yuan (May 24, 2017) Interpretation No. 748
Freedom of Marriage, Right to Equality, Same-Sex Marriage
Taiwan High Court Criminal Judgment (June 30, 2017) 106 Shan-Yi-Zi 752
iccpr, icescr, Opportunity of Appellate Relief, Principle of Dualism
Taiwan High Court Tainan Branch Court Criminal Ruling (June 30, 2017) 106 Sheng-Geng-(Yi)-Zi 526
Custody in Mainland China, Direct Repatriation, ICCPR, Sentence Reduced for Time Served in Detention
Secretary-General, Judicial Yuan (September 26, 2017) Mi-Tai-Ting-Min-Yi-Zi 1060021888
Act for the Application of Law in Civil Cases Involving Foreign Elements, Same-Sex Marriage
President Tsai Attends Review Meeting of the ROC’s Initial Report under the Convention on the Rights of the Child
Review Meetings of the ROC’s Initial Report under the Convention on the Right of Persons with Disabilities
Review Meetings of the ROC’s Initial Report under the Convention on the Rights of the Child
VTerritory and Territorial Jurisdiction
VIState Responsibility
VIIThe Law of the Sea, Environment, Health, and Aviation
Taiwan and the Philippines Bolster Law Enforcement Cooperation in Fisheries
Taiwan and Belgium’s Flanders Sign MOU on Sustainable Energy Cooperation
VIIIThe Law of Treaties
IXDiplomatic, Consular, and Similar Relations
New Southbound Policy Develops Talent for Mutual Benefit
New Southbound Policy Paying Early Dividends
Presidential Office Statement on Termination of Diplomatic Relations with Panama
mofa Statement on Termination of Diplomatic Relations with Panama
XPeaceful Settlement of International Disputes
XIArms Control, Use of Force, and International Criminal Law
roc Government Condemns Provocative North Korean Nuclear Test
Investigation Bureau, Ministry of Justice (September 8, 2017) Diao-Qian-Er-Zi 10635557890
Sanctions, South Sudan, United Nations Security Council, United States
Presidential Office Statement on Latest Missile Test by North Korea
Ministry of Economic Affairs, Ministry of Justice (September 25, 2017) Jing-Mao-Zi 10604604680
Foreign Trade Act, North Korea, Nuclear Tests, Sanctions, United Nations
Investigation Bureau, Ministry of Justice (November 8, 2017) Diao-Qian-Er-Zi 10635571730
Financing of Terrorism, Iran, Money Laundering, North Korea
Presidential Office Statement on Missile Test by North Korea
XIIInternational Economic Relations
Taiwan and Finland Sign Cooperation Arrangement on Customs Fraud
Taiwan Prevails as WTO Adopts Panel Report Finding Canada’s Anti-Dumping Measures Inconsistent with WTO Rules
Republic of China and the Holy See Sign MOU on Cooperation in Exchange of Financial Intelligence
Taiwan Partners with 70 WTO Members to Promote E-Commerce
XIIIPrivate International Law
Taiwan High Court Civil Ruling (November 9, 2017) 106 Fei-Kang-Zi 116
Czech Republic, Principle of Reciprocity, Recognition of a Foreign Arbitration Award
Taiwan High Court Civil Ruling (December 7, 2017) 106 Fei-Kang-Zi 115
Arbitration Notices, Procedural Rights, Public Order and Good Morals, Recognition of Arbitration Award, Shanghai Arbitration Commission
XIVCross-Strait Relations
mac Letter of Interpretation Clarifying Questions over Civil Servants Transferring Flights and the Application of the Cross-Strait Act
mac Solemnly Protests Unilateral Change of the “Chinese Taipei” Team Name by the Mainland Chinese Media at the Asian Table Tennis Championships 2017
President Tsai Attends Opening of Symposium on 30 Years of Cross-Strait Exchanges and Prospects for the Future
Amendments to Article 29–1 of the Act Governing Relations with Hong Kong and Macao Provide a Legal Basis for Taiwan to Sign Agreements Related to Mutual Tax Exemption on Sea and Air Transportation with Hong Kong and Macao
Deportations of Fraud Suspects to Mainland China
mac Solemnly Protests the Deportation from Vietnam to Mainland China of ROC Nationals Involved in Telecommunications Fraud
mac Calls for Cross-Strait Cooperation to Prevent Cross-Border Telecommunications Fraud
mac Solemnly Protests the Deportation from Cambodia to Mainland China of ROC Nationals Involved in Telecommunications Fraud
mac Solemnly Protests the Deportation from Indonesia to Mainland China of ROC Nationals Involved in Telecommunications Fraud
ROC Solemnly Protests the Deportation from Malaysia and Cambodia to Mainland China of roc Nationals Involved in Telecommunications Fraud 291
mac Solemnly Protests the Deportation from Cambodia to Mainland China of ROC Nationals Involved in Telecommunications Fraud
Press Reference Material Regarding the Spanish Judicial Decision to Deport ROC Nationals Suspected of Telecommunications Fraud in Spain to Mainland China
mac’s Response to the Mainland Ruling in the Kenya Case
Case of Li Ming-che
mac Calls on Mainland China to Provide Explanation on the Li Ming-che Case
mac Calls on Mainland China to Reflect on the Important Historic Lessons of the Tiananmen Square Incident
mac Calls on the Mainland to Handle the Li Ming-che Case in Accordance with the Universal Value of Human Rights
XVOthers
Compiled by Chun-i Chen, Pasha L. Hsieh, and Kai-Chih Chang
Memorandum of Understanding between Chinese Taipei and the Asia-Pacific Economic Cooperation Secretariat Concerning Contributions to the APEC Support Fund and APEC Policy Support Unit
Arrangement on Cooperation between the Taiwan Customs Service and the Finnish Customs Service to Combat Customs Fraud
Memorandum of Understanding between the Anti-Money Laundering Division, Investigation Bureau, Ministry of Justice, Republic of China (Taiwan) and the Financial Information Authority (“Autorita’ di Informazione FinanZiaria”- “AIF”) of the Holy See Concerning Cooperation in the Exchange of Financial Intelligence Related to Money Laundering, Associated Predicate Offences and Terrorism Financing
Agreement between the Taiwan-Japan Relations Association and the Japan-Taiwan Exchange Association on Cooperation and Mutual Assistance in Customs Matters
Agreement between the Ministry of the Interior of the Republic of China (Taiwan) and the Ministry of State of the Republic of Palau Concerning Cooperation in Immigration Affairs and Human Trafficking Prevention
St. Vincent and the Grenadines
Agreement between the Republic of China (Taiwan) and St. Vincent and the Grenadines on Police Cooperation
Index
Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs
Ying-jeou Ma
Essay
Some Personal Reflections about Getting Started as an International Lawyer
James A.R. Nafziger
Articles
Breaking the Silence of the Executive: The Residual Role of the Common Law Courts in the Determination of Statehood
Michael Hwang S.C. and Lim Si Cheng
Sovereignty over Dokdo as Interpreted and Evaluated from the Korean-Japanese Exchanges of Notes Verbale (1952–1965)
Hyun-jin Park
Roles and Functions of Official Transitional Justice Mechanisms in the Asia-Pacific Region in the Development of International Law
Yasue Mochizuki
Third Parties and Insular Features After the South China Sea Arbitration
Brian McGarry
“Recognition” of Governments by International Organizations – The Example of the UN General Assembly and Asian States
Agata Kleczkowska
Special Report
Coming “Inside”: An Analysis of Visa Waiver Privileges for Domiciled ROC (Taiwan) Citizens with Reference to the United States
Wei Zheng Toh
Compiled by Chun-i Chen, Pasha L. Hsieh, Pei-Lun Tsai, Chun-Liang Lai, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law
Explanatory Note
IInternational Law in General
Foreign Policy Report, 9th Congress of the Legislative Yuan, 3nd Session (March 6, 2017)
President Tsai’s Remarks at 2017 Asia-Pacific Security Dialogue
Foreign Policy Report, 9th Congress of the Legislative Yuan, 4th Session (October 2, 2017)
IISubjects of International Law
IIIInternational Organizations
Republic of China (Taiwan) and Intergovernmental Organizations
mofa Expresses Deep Regret and Dissatisfaction that Taiwan Not Yet Invited to WHA
Republic of China (Taiwan) Rejects WHO Characterization of Its Participation in World Health Assembly and Expresses Its Strong Dissatisfaction to WHO Secretariat
roc Government’s Position on Mainland Chinese Interference with Taiwan’s Participation in WHA
mofa Grateful to ROC Diplomatic Allies, Partner Countries for Staunch Support of Taiwan’s 2017 WHA Participation
The Government Again Intensely Protests Mainland China’s Improper Obstruction of Taiwan’s Participation in this Year’s WHA
roc Government Announces Details of 2017 Campaign for UN Participation
President Tsai Selects James Soong as Her Leader’s Representative for 2017 APEC Economic Leaders’ Week
Leader’s Representative James Soong Explains Results Achieved by ROC Delegation during 25th APEC Economic Leaders’ Week
IVIndividuals
Judicial Yuan (May 24, 2017) Interpretation No. 748
Freedom of Marriage, Right to Equality, Same-Sex Marriage
Taiwan High Court Criminal Judgment (June 30, 2017) 106 Shan-Yi-Zi 752
iccpr, icescr, Opportunity of Appellate Relief, Principle of Dualism
Taiwan High Court Tainan Branch Court Criminal Ruling (June 30, 2017) 106 Sheng-Geng-(Yi)-Zi 526
Custody in Mainland China, Direct Repatriation, ICCPR, Sentence Reduced for Time Served in Detention
Secretary-General, Judicial Yuan (September 26, 2017) Mi-Tai-Ting-Min-Yi-Zi 1060021888
Act for the Application of Law in Civil Cases Involving Foreign Elements, Same-Sex Marriage
President Tsai Attends Review Meeting of the ROC’s Initial Report under the Convention on the Rights of the Child
Review Meetings of the ROC’s Initial Report under the Convention on the Right of Persons with Disabilities
Review Meetings of the ROC’s Initial Report under the Convention on the Rights of the Child
VTerritory and Territorial Jurisdiction
VIState Responsibility
VIIThe Law of the Sea, Environment, Health, and Aviation
Taiwan and the Philippines Bolster Law Enforcement Cooperation in Fisheries
Taiwan and Belgium’s Flanders Sign MOU on Sustainable Energy Cooperation
VIIIThe Law of Treaties
IXDiplomatic, Consular, and Similar Relations
New Southbound Policy Develops Talent for Mutual Benefit
New Southbound Policy Paying Early Dividends
Presidential Office Statement on Termination of Diplomatic Relations with Panama
mofa Statement on Termination of Diplomatic Relations with Panama
XPeaceful Settlement of International Disputes
XIArms Control, Use of Force, and International Criminal Law
roc Government Condemns Provocative North Korean Nuclear Test
Investigation Bureau, Ministry of Justice (September 8, 2017) Diao-Qian-Er-Zi 10635557890
Sanctions, South Sudan, United Nations Security Council, United States
Presidential Office Statement on Latest Missile Test by North Korea
Ministry of Economic Affairs, Ministry of Justice (September 25, 2017) Jing-Mao-Zi 10604604680
Foreign Trade Act, North Korea, Nuclear Tests, Sanctions, United Nations
Investigation Bureau, Ministry of Justice (November 8, 2017) Diao-Qian-Er-Zi 10635571730
Financing of Terrorism, Iran, Money Laundering, North Korea
Presidential Office Statement on Missile Test by North Korea
XIIInternational Economic Relations
Taiwan and Finland Sign Cooperation Arrangement on Customs Fraud
Taiwan Prevails as WTO Adopts Panel Report Finding Canada’s Anti-Dumping Measures Inconsistent with WTO Rules
Republic of China and the Holy See Sign MOU on Cooperation in Exchange of Financial Intelligence
Taiwan Partners with 70 WTO Members to Promote E-Commerce
XIIIPrivate International Law
Taiwan High Court Civil Ruling (November 9, 2017) 106 Fei-Kang-Zi 116
Czech Republic, Principle of Reciprocity, Recognition of a Foreign Arbitration Award
Taiwan High Court Civil Ruling (December 7, 2017) 106 Fei-Kang-Zi 115
Arbitration Notices, Procedural Rights, Public Order and Good Morals, Recognition of Arbitration Award, Shanghai Arbitration Commission
XIVCross-Strait Relations
mac Letter of Interpretation Clarifying Questions over Civil Servants Transferring Flights and the Application of the Cross-Strait Act
mac Solemnly Protests Unilateral Change of the “Chinese Taipei” Team Name by the Mainland Chinese Media at the Asian Table Tennis Championships 2017
President Tsai Attends Opening of Symposium on 30 Years of Cross-Strait Exchanges and Prospects for the Future
Amendments to Article 29–1 of the Act Governing Relations with Hong Kong and Macao Provide a Legal Basis for Taiwan to Sign Agreements Related to Mutual Tax Exemption on Sea and Air Transportation with Hong Kong and Macao
Deportations of Fraud Suspects to Mainland China
mac Solemnly Protests the Deportation from Vietnam to Mainland China of ROC Nationals Involved in Telecommunications Fraud
mac Calls for Cross-Strait Cooperation to Prevent Cross-Border Telecommunications Fraud
mac Solemnly Protests the Deportation from Cambodia to Mainland China of ROC Nationals Involved in Telecommunications Fraud
mac Solemnly Protests the Deportation from Indonesia to Mainland China of ROC Nationals Involved in Telecommunications Fraud
ROC Solemnly Protests the Deportation from Malaysia and Cambodia to Mainland China of roc Nationals Involved in Telecommunications Fraud 291
mac Solemnly Protests the Deportation from Cambodia to Mainland China of ROC Nationals Involved in Telecommunications Fraud
Press Reference Material Regarding the Spanish Judicial Decision to Deport ROC Nationals Suspected of Telecommunications Fraud in Spain to Mainland China
mac’s Response to the Mainland Ruling in the Kenya Case
Case of Li Ming-che
mac Calls on Mainland China to Provide Explanation on the Li Ming-che Case
mac Calls on Mainland China to Reflect on the Important Historic Lessons of the Tiananmen Square Incident
mac Calls on the Mainland to Handle the Li Ming-che Case in Accordance with the Universal Value of Human Rights
XVOthers
Compiled by Chun-i Chen, Pasha L. Hsieh, and Kai-Chih Chang
Memorandum of Understanding between Chinese Taipei and the Asia-Pacific Economic Cooperation Secretariat Concerning Contributions to the APEC Support Fund and APEC Policy Support Unit
Arrangement on Cooperation between the Taiwan Customs Service and the Finnish Customs Service to Combat Customs Fraud
Memorandum of Understanding between the Anti-Money Laundering Division, Investigation Bureau, Ministry of Justice, Republic of China (Taiwan) and the Financial Information Authority (“Autorita’ di Informazione FinanZiaria”- “AIF”) of the Holy See Concerning Cooperation in the Exchange of Financial Intelligence Related to Money Laundering, Associated Predicate Offences and Terrorism Financing
Agreement between the Taiwan-Japan Relations Association and the Japan-Taiwan Exchange Association on Cooperation and Mutual Assistance in Customs Matters
Agreement between the Ministry of the Interior of the Republic of China (Taiwan) and the Ministry of State of the Republic of Palau Concerning Cooperation in Immigration Affairs and Human Trafficking Prevention
St. Vincent and the Grenadines
Agreement between the Republic of China (Taiwan) and St. Vincent and the Grenadines on Police Cooperation
Index
Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs
Notă biografică
Ying-jeou Ma, S.J.D. (1981), Harvard Law School, is formerly President of the Republic of China (Taiwan).