Asian Yearbook of International Law, Volume 23 (2017)


Book Description

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.




The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status


Book Description

The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status examines the issue from the perspective of international law, also suggesting a peaceful solution. The book presents two related parts, with the first detailing the concept of the State, the theory of sovereignty, and their relations with international law. The second part of the work analyzes the political status of the Republic of China in Taiwan and the legal status of the island of Taiwan in international law. Written by a leading international expert in international law, this book provides approaches and answers to the question of Taiwan and the One-China policy. Responds to a key international issue of our time Takes a legal perspective on Taiwan and the One-China policy Considers the definition of a nation State from first principles, also offering new definitions Applies international law on territory to draw conclusions on Taiwan and its relation to the People’s Republic of China Systematically critiques the role of the UN and other global actors in relation to Taiwan







China, State Sovereignty and International Legal Order


Book Description

China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.




Chinese Perspectives on the International Rule of Law


Book Description

This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.




The International Status of Taiwan in the New World Order


Book Description

This book examines the most important issues determining the international status of Taiwan today: its international legal status, the viability of its flexible democracy, its efforts to gain participation or membership in international organizations, most notably the United Nations, and its future relations with mainland China, ranging from reunification to declared independence. Issues of American and European foreign policy and of domestic Chinese and Taiwanese politics are also addressed where relevant. This book is unique in that it looks at the question of Taiwan from the perspective of both international law and politics as it confronts the imperatives of law and the limitations of real world politics. As a result it offers insights and strategies that are both sensible and feasible. This book is aimed at scholars and practitioners of international law and international relations alike.




The International Legal Status of Formosa


Book Description

Can two-Chinas co-exist in the present world order? In a sense they co-exist now-Free China in Taiwan (Formosa) and Communist China on the mainland. Barring a military showdown, this situation could remain for years to come. However, if we seek to put Free China and Communist China on some permanent basis and give them interna tional juridical status as abiding and separate entities, then we are faced with serious difficulties. Free China and Communist China co exist at present simply because neither can effectively alter the situa tion. Each is backed by a power bloc that recognizes the legal existence of only one of these political regimes. The United States does not re cognize Peiping, even though it has conducted meetings on the ambas sadorial level with the Regime for several years. In a corresponding way, the Soviet bloc of nations refuses to recognize Nationalist China. The situation is very similar to that of two-Germanys, two-Koreas and two-Vietnams. To seek a solution to this political impasse, it is suggested that a "Sino-Formosan State" or some kind of "self-determination" by the Formosans be instituted. This was first expressed by Chester Bowles in his article "The China Problem Reconsidered" (Foreign Affairs, April 1960), and supported by John Carter Vincent in his letter to the editor of the New York Times (December 7,1961). The Conlon Report of 1959 held the same posi. tion. Also, Arnold J.




International Law in China


Book Description

Today, different attitudes of various nations towards international law, different forms of civilization, history, and tradition have been exerting themselves as never before on the development of international law. Accordingly, a comprehensive study of these attitudes and a profound exploration and identification of factors of decisive importance for the formation and development of these attitudes are indispensable to, and vitally important for, the future development of international law. The present study focuses on one country, namely, China. This study attempts to make as comprehensive and inquiry as possible and over an extensive time-scale into the Chinese attitude towards international law from a broad world order perspective.




Chinese Contemporary Perspectives on International Law


Book Description

Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process. After an in-depth revisit of China’s position on sovereignty and non-interference from a historical and cultural perspective, the author further explores a few areas of importance where China’s viewpoints often invite general interest: human rights, sustainable development, and multilateralism and regional cooperation.