Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 31 (2013)

Ying-jeou Ma, S.J.D. (1981), Harvard Law School, is formerly President of the Republic of China (Taiwan).

• PREFACEYing-jeou MaARTICLESRoda Mushkat, The Intricacies of Implementing International Law: A Juxtaposition of Theories with the Actualities of the Sino-British Declaration Regarding the Future of Hong KongErik Franckx & Marco Benatar, The “Duty” to Co-Operate for States Bordering Enclosed or Semi-Enclosed SeasIrena Ilieva, Countering Terrorism and Protecting Human Rights: An Asian International Legal DimensionBjörn Ahl, Treaty Making by the Chinese Central Government and the Special Administrative Region of Hong KongJure Vidmar, States, Governments, and Collective RecognitionTomoko Yamashita, Do Jus Cogens Norms Invalidate State Immunity? International Restorative Justice and Japanese War Compensation CasesSPECIAL REPORTMichael Sheng-ti Gau, The Prospects for the Sino-Philippine Arbitration on the South China Sea (U-Shaped Line) DisputeCONTEMPORARY PRACTICE AND JUDICIAL DECISIONS OF THE REPUBLIC OF CHINA (TAIWAN) RELATING TO INTERNATIONAL LAW, 2013Compiled 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-LawExplanatory NoteI.INTERNATIONAL LAW IN GENERALForeign Policy Report, 8th Congress of the Legislative Yuan, 3rd Session (March 18, 2013)Foreign Policy Report, 8th Congress of the Legislative Yuan, 4th Session (September 25, 2013)President Ma Ying-jeou’s National Day AddressII.SUBJECTS OF INTERNATIONAL LAWIII.INTERNATIONAL ORGANIZATIONSGeneral Republic of China (Taiwan) and Intergovernmental OrganizationsRepublic of China (Taiwan) and International Non-Intergovernmental OrganizationsInternational Civil Aviation OrganizationICAO Invites the Republic of China (Taiwan) to Attend the 38th Session of the ICAO AssemblyLetter from the Director-General of the Civil Aeronautics Administration (CAA) to the President of the Council of the International Civil Aviation Organization (ICAO)IV.INDIVIDUALSPresident Ma Welcomes International Experts to Taiwan to Review the ROC’s First National Human Rights ReportSupreme Administrative Court Judgment (July 18, 2013) 102-Pan-Zi No. 453Environmental Impact Assessment, International Covenant on Civil and Political Rights, Legal Interest, Rights to Adequate Living StandardsPolice Agency, Ministry of the Interior (October 7, 2013) Jing-Shu-Bao- Zi-10201518811 Freedom of Assembly, International Covenant on Civil and Political Rights, Principle of ProportionalitySupreme Court Judgment (October 21, 2013) 102-Tai-Shang-Zi-4289Death Penalty, International Covenant on Civil and Political Rights, Mental or Intellectual DisabilitiesV.TERRITORY AND TERRITORIAL JURISDICTIONThe Republic of China (Taiwan) Protests Vietnam Law Claiming South China Sea IslandsPresident Ma Attends 2013 (5th) International Conference on Diaoyutai Islands IssueThe Republic of China (Taiwan) Protests the Philippines’ Dispatch of Naval Vessels to Renai ShoalMOFA’s Position Paper on the Diaoyutai Islands and the East China Sea Peace InitiativeVI.STATE RESPONSIBILITYVII.THE LAW OF THE SEA, ENVIRONMENT, HEALTH, AND AVIATION Republic of China (Taiwan) Signs Fisheries Agreement with JapanROC Statement on Beijing’s Announcement of the East China Sea Air Defense Identification ZoneNational Security Council of the ROC Responds to Beijing’s Announcement of East China Sea Air Defense Identification ZoneExecutive Yuan Reaffirms ROC Stance on Mainland China’s Announcement of ADIZGuang Da Xing No. 28 Incident (May 9, 2013)President Ma Holds National Security Council Meeting, Issues Demands Regarding Incident Involving Guang Da Xing No. 28 Fishing VesselMAC Position on Mainland China’s Concern over Fatal Shooting of Taiwanese Fisherman by the PhilippinesOfficial Statement of the Republic of China (Taiwan) on the Intentional Shooting Conducted by the Philippine Law Enforcement Vessel Against the Guang Da Xsin 28The ROC Government Takes a Pragmatic Approach toward Taiwan-Philippines Cooperation in the Investigation of the Guang Da Xing No. 28 IncidentPhilippines Violated International Law in the Guang Da Xing No. 28 IncidentMOFA’s Announcement regarding the Restoration of Cooperative and Friendly Relations between the ROC and the Philippines VIII.THE LAW OF TREATIESIX.DIPLOMATIC, CONSULAR, AND SIMILAR RELATIONSStatement by the Republic of China on Its Relations with the Republic of The GambiaThe Government of the Republic of China Terminates Diplomatic Relations with the Republic of The Gambia to Uphold National Dignity and Principles of Viable DiplomacyX.PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTESEast China Sea Peace Initiative Viable Model for Regional PeaceEast China Sea Peace Initiative and the Use of Dialogue to Resolve DisputesMOFA’s Position on the Republic of Korea’s Announcement of Its Air Defense Identification ZonePresident Ma Attends Academic Conference on Contemporary International and Transnational LawXI.ARMS CONTROL, USE OF FORCE, AND INTERNATIONAL CRIMINAL LAWROC’s Condemnation of North Korea’s Provocative Nuclear TestROC Government Concerned about Use of Chemical Weapons in the Syrian Civil WarXII.INTERNATIONAL ECONOMIC RELATIONSSupreme Court Decision (January 30, 2013) 102-Tai-Shang-Zi-193Bankruptcy Order, Hong Kong, Territorialism, UniversalismIntellectual Property Office, Ministry of Economic Affairs (June 21, 2013) Ref. No.: Tian-Tzu-Yu-Chien-Zi-1020621bCopyright Notice, Principle of Protection upon CreationRepublic of China Signs Economic Cooperation Agreement with New ZealandThe Republic of China (Taiwan) and the Republic of Singapore Sign an Economic Partnership AgreementTaiwan-New Zealand Economic Cooperation Agreement to Formally Enter into Force December 1, 2013XIII.PRIVATE INTERNATIONAL LAWSupreme Court Decision (July 18, 2013) 102-Tai-Shan-Zi-1367Civil Procedure, Mutual Recognition, SingaporeXIV.OTHERS Supreme Administrative Court Judgment (March 28, 2013) 102-Pan-Zi No. 137Peking University, Regulations Governing the Accreditation of Schools in Mainland ChinaPresident Ma Attends the Opening Ceremony of the 2013 ILA-ASIL Asia-Pacific Research ForumPresident Ma Attends International Conference on 70th Anniversary of Cairo DeclarationCross-Strait RelationsPresident Ma Attends Reception to Mark 20th Anniversary of Koo-Wang TalksMAC’s Statement on Establishing Reciprocal Institutions between the Straits Exchange Foundation (SEF) and the Association for Relations Across the Taiwan Straits (ARATS)Conclusion of the Ninth Round of Cross-Strait High-Level TalksPresident Ma’s Remarks on Benefits of the Cross-Strait Trade in Services AgreementRealization of “Mutual Non-Denial” and the Normalization of Cross-Strait Official InteractionsTREATIES/AGREEMENTS AND OFFICIAL, SEMI-OFFICIAL OR UNOFFICIAL AGREEMENTS CONCLUDED BY THE REPUBLIC OF CHINA (TAIWAN) WITH OTHER COUNTRIES IN 2013Compiled by Chun-i Chen, Pasha L. Hsieh, and Pei-Lun TsaiChronological ListSelected TextsJapanFisheries Agreement between the Association of East Asian Relations and the Interchange Association, JapanNew ZealandAgreement between the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu and New Zealand on Economic CooperationSingaporeAgreement between Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu on Economic PartnershipUnited StatesAgreement on Privileges, Exemptions and Immunities between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United StatesTABLE OF CASESINDEXGUIDELINES FOR SUBMISSIONS TO THE CHINESE (TAIWAN) YEARBOOK OF INTERNATIONAL LAW AND AFFAIRS