Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 40, 2022

Ying-jeou Ma, S.J.D., is the former President of the Republic of China (Taiwan).

Preface

 Ying-jeou Ma

Notes on Contributors



Essay



Reflections on Why I Studied International Law and How I Used It to Help my Country and People

 Ying-jeou Ma



Articles



States in Danger of Extinction: The Case of the Republic of Kiribati

 David Proaño Alcívar

Corporate Accountability for Atrocity Crimes in Myanmar: Business Complicity in the Investigations of the UN Fact-Finding Mission

 Tomas Hamilton & Gabriele Caon

The DEPA and ASDEA: Template for Digital Trade Agreements for Indo-Pacific?

 Sungjin Kang

Can the CPTPP Help? The (Un)expected Roles of the CPTPP to Eradicate Forced Labor Issues in Taiwanese Distant Water Fisheries

 Mao-wei Lo



Special Reports: Indo-Pacific Strategies and International Law

 Edited by Pasha L. Hsieh



The Indo-Pacific Economic Framework for Prosperity: Promise or Peril for Labor Governance through Trade Instruments?

 Desirée LeClercq

The Connectivity in the Indo-Pacific: Policies and Strategies of the ASEAN, the US, and the EU

 Yurika Ishii

Sailing between Reefs: Balancing Indonesia’s Maritime Security Cooperation in the Indo-Pacific

 Arie Afriansyah & Aristyo Rizka Darmawan

The EU and the Indo-Pacific Region – Prospects of a Green Partnership

 Stefanie Schacherer



Special Reports: Taiwan and International Law



National Identity in Taiwan: A Doctrinal Analysis through the Lens of Democratism

 David KC Huang & Nigel N.T. Li

Taiwan and the 2005 International Health Regulations (IHR): Covid-19 and the Evolving Landscape of Global Health

 Tsung-Ling Lee

No Pay, No Gain? APEC and Taiwan’s Experiences

 Ying-Jun Lin



Book Reviews

 Edited by Han-Wei Liu



The South China Sea Arbitration: Jurisdiction, Admissibility, Procedure by Stefan Talmon, Brill/Nijhoff, 2022, xl +407 pp

 Kuan-Hsiung Wang

The Resolution of Inter-State Disputes in Civil Aviation by Luping Zhang, Oxford University Press, 2022, xx + 256 pp

 Kai-Chih Chang



Contemporary Practice and Judicial Decisions of the Republic of China (Taiwan) Relating to International Law, 2022



 Compiled by Chun-i Chen, Pasha L. Hsieh, I-Hon Hsiao, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-Law

  Explanatory Note

 I International Law in General

  MOFA Condemns False Claim Regarding Taiwan’s Sovereignty in Joint Statement Issued by China and Russia

  MOFA Condemns Russia’s Decision to Recognize the “Donetsk and Luhansk People’s Republics” in Eastern Ukraine as Sovereign and Independent States

  US House Speaker Nancy Pelosi’s Visit to Taiwan Fruitful; Underlines Staunch US Support for Taiwan

  MOFA Response to Comments by US President Joe Biden in an Interview that US Forces Would Assist Taiwan’s Defense in the Event of an Attack by China

  MOFA Response to Comments by UK Prime Minister Liz Truss in an Interview that the UK is Determined to Work with its Allies to Make Sure Taiwan is Able to Defend itself

  MOFA Strongly Condemns Russian President Vladimir Putin for Making False Claims against Taiwan

  MOFA Response to Japanese Prime Minister Kishida Highlighting Peace and Stability across the Taiwan Strait in Japan-China Leadership Talks

 II Subjects of International Law

 III International Organizations

  Republic of China (Taiwan) and Intergovernmental Organizations

  Taiwan Seeks Support for CPTPP Bid at APEC Trade Meeting

  MOFA Thanks International Community for Strong Support at the 75th WHA

  Faced with China’s Military Threats and Intimidation, the R.O.C. (Taiwan) Government Continues to Seek UN Participation, Urging the UN to Cherish Taiwan’s Efforts and Bring Taiwan into its Fold

  MOFA, MOTC Jointly Declare Determination to Promote Involvement in ICAO, Emphasize that China’s Recent Military Exercises in Airspace and Waters around Taiwan Highlight Importance of ICAO Incorporating Taiwan’s Participation

  MOFA Sincerely Thanks International Community for Supporting Taiwan’s Bid to Participate in INTERPOL

 IV Individuals

  Ministry of Health and Welfare July 8, 2022 Wei-Bu-Hsin-Zi-1111761413

 V Territory and Territorial Jurisdiction

 VI State Responsibility

 VII The Law of the Sea, Environment, Health, and Aviation

 VIII The Law of Treaties

 IX Diplomatic, Consular and Similar Relations

  President Tsai Meets Somaliland Foreign Minister Essa Kayd Mohamoud

  President Tsai Attends Ministry of Foreign Affairs 2022 Spring Banquet

  Taiwan, the IDB, and Belize Sign Letter of Intent to Boost Employment and Economic Recovery in Belize

  President Tsai Meets Guatemalan Foreign Minister Mario Búcaro

  Lithuanian Trade Representative Office Opens in Taiwan, Heralding a New Chapter in Bilateral Cooperation

 X Peaceful Settlement of International Disputes

 XI Arms Control, Use of Force and International Criminal Law

 XII International Economic Relations

  Taipei High Administrative Court Judgment January 13, 2022 108-Su-Zi 1930

  Taiwan to Protect Public Health While Lifting Ban on Japanese Food Imports

  Preliminary Announcement Taiwan-Nicaragua FTA to Be Suspended from 1 July 2022

  MOEA Announces Expansion of Export Controls on Russia

  U.S.-Taiwan Cooperation on Global Semiconductor Supply Chain Resilience Industry Forum

  Taiwan Announces Export Controls with respect to Belarus

  Taiwan and EU Upgrade the Level of Trade and Investment Dialogue

  Taiwan and Lithuania Convene High-Level Agricultural Dialogue Meeting in Taipei to Strengthen Agricultural Cooperation between the Two Countries as well as Public-Private Partnerships

  Taiwan and Kosovo Convened Agricultural Ministerial Virtual Meeting to Deepen Agricultural Cooperation and Exchanges between the Two Countries

  Taiwan Boosts Semiconductor Industry Support following US Export Controls on China

  Executive Yuan Calls on China to Remove Unfair Food Trade Barriers

  Taiwan Re-Elected for New Term on APAARI Executive Committee Will Continue to Make Contributions to Agricultural Research and Technological Development in the Asia-Pacific Region

 XIII Private International Law

  Ministry of the Interior February 22, 2022 Tai-Nei-Hu-Zi-1110105985

  Taiwan High Court Civil Judgment October 19, 2022 109-Chung-Shang-41

 XIV Cross-Strait Relations

  Taiwan’s Independent Judiciary Conducts Fair Trials: Government Solemnly Rejects the CCP’s Unwarranted Meddling and Accusations

  Legislative Yuan Passes the “Draft Amendments to Part of the Provisions of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area” to Prevent Illicit Transfer of Core Technology and Illegal Talent Poaching

  The “1992 Consensus” is Nonexistent; the Two Sides of the Taiwan Strait Not Subordinate to each Other is the Existing Status Quo

  President Tsai Delivers Remarks on the Live-Fire Military Exercises China Conducting in Areas around Taiwan

  Remarks by Minister Jaushieh Joseph Wu at the International Press Conference on Taiwan’s Response to China’s Military Provocations

  MAC Statement on the CCP White Paper on Taiwan

  MOFA Solemnly Denounces, Strongly Condemns China’s Foreign Minister Wang Yi for Distorting Historical Facts, Misrepresenting UN Resolution 2758

  Highlights of President Tsai’s National Day Address: Safeguarding Taiwan with “Four Commitments” and “Four Resiliences,” Urging Mainland China to Respect Taiwanese People’s Commitment to Sovereignty and Democracy

 XV Others

  Taiwan and Israel Sign Joint Declaration on Social Welfare and Social Service Cooperation

  Report by Jaushieh Joseph Wu, Minister of Foreign Affairs of the Republic of China (Taiwan), at the Foreign and National Defense Committee of the Legislative Yuan on October 26, 2022

  Taiwan and US Sign MOU Institutionalizing Global Partnership in Development and Humanitarian Assistance Cooperation



Treaties/Agreements Concluded by the Republic of China (Taiwan) with Other Countries and Organizations in 2021



 Compiled by Chun-i Chen, Kai-Chih Chang, and Pasha L. Hsieh.

 Chronological List

 Selected Texts

 Republic of India

  Agreement between the Taipei Economic and Cultural Center in India and the India-Taipei Association, Taipei on Mutual Cooperation in the Field of Standardization and Conformity Assessment

 State of Palestine

  Memorandum of Understanding between the Anti-Money Laundering Division, Investigation Bureau, Ministry of Justice, Republic of China (Taiwan) and the Financial Follow-up Unit, State of Palestine Concerning Cooperation in the Exchange of Financial Intelligence Related to Money Laundering, Associated Predicate Offences and Terrorism Financing

 Slovak Republic

  Arrangement between the Taipei Representative Office, Bratislava and the Slovak Economic and Cultural Office, Taipei on Judicial Cooperation in Civil and Commercial Matters

 Republic of Somaliland

  Agreement between the Government of the Republic of China (Taiwan) and the Government of the Republic of Somaliland on Energy and Mineral Resources Cooperation



Index

Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs