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Downloaded from Brill.Com09/29/2021 12:40:01AM Via Free Access 202 (2013) 19 Asian Yearbook of International Law STATE PRACTICE Javaid Rehman and Sumaiya Khair - 9789004379756 Downloaded from Brill.com09/29/2021 12:40:01AM via free access 202 (2013) 19 Asian Yearbook of International Law State Practice of Asian States in the Field of International Law EDITORIAL NOTE The Editorial Board has decided to reorganize the format of this section from Volume 16 (2010) onwards. Since the Yearbook’s inception, state practice has always been reported and written up as country reports. While this format has served us well in the intervening years, we felt that it would make a lot more sense if we reported state practice thematically, rather than geographically. This way, readers will have an opportunity to zoom in on a particular topic of interest and get a quick overview of developments within the region. Of course, this reorganization cannot address our lack of coverage in some Asian states. We aim to improve on this in forthcoming volumes and thank the contributors to this section for their tireless and conscientious work. 202 Javaid Rehman and Sumaiya Khair - 9789004379756 Downloaded from Brill.com09/29/2021 12:40:01AM via free access State Practice 203 STATE PRACTICE RAPPORTEURS Arie Afriansyah [Indonesia] Lecturer, Faculty of Law, University of Indonesia Buhm Suk Baek [Korea] Associate Professor, College of International Studies, Kyung Hee University Tran Viet Dung [Viet Nam] Dean of International Law Faculty, Ho Chi Minh City University of Law Yuwen Fan [China] PhD Candidate, Peking University Ridwanul Hoque [Bangladesh] Professor, Faculty of Law, University of Dhaka V.G. Hegde [India] Associate Professor, South Asian University Kanami Ishibashi [Japan] Associate Professor, Tokyo University of Foreign Studies Yanitra Kumaraguru [Sri Lanka] Assistant Lecturer, Faculty of Law, University of Colombo Seh Lih Long [Malaysia] Co-Founder, Malaysian Centre for Constitutionalism and Human Rights Hao Duy Phan [Viet Nam] Senior Research Fellow, Centre for International Law, National Uni- versity of Singapore Dinesha Samararatne [Sri Lanka] Senior Lecturer, Faculty of Law, University of Colombo Francis Tom Temprosa [Philippines] Master of Laws Candidate, DeWitt Fellow, University of Michigan Law School; Faculty Member, Ateneo de Manila University Law School Javaid Rehman and Sumaiya Khair - 9789004379756 Downloaded from Brill.com09/29/2021 12:40:01AM via free access 204 (2013) 19 Asian Yearbook of International Law Air Law CHINA AIR LAW – ESTABLISHMENT OF AIR DEFENSE IDENTIFICATION ZONE IN EAST CHINA SEA On November 23, 2013, the Ministry of National Defense of the People’s Republic of China issued a statement on establishing the East China Sea Air Defense Identification Zone. The full text is as follows: Statement by the Government of the People’s Republic of China on Establishing the East China Sea Air Defense Identification Zone. Issued by the Ministry of National Defense on November 23. The government of the People’s Republic of China announces the establishment of the East China Sea Air Defense Identification Zone in accordance with the Law of the People’s Republic of China on National Defense (March 14, 1997), the Law of the People’s Republic of China on Civil Aviation (October 30, 1995) and the Basic Rules on Flight of the People’s Republic of China (July 27, 2001). The zone includes the airspace within the area enclosed by China’s outer limit of the territorial sea and the following six points: 33°11’N (North Latitude) and 121°47’E (East Longitude), 33°11’N and 125°00’E, 31°00’N and 128°20’E, 25°38’N and 125°00’E, 24°45’N and 123°00’E, 26°44’N and 120°58’E.1 On the same day, China’s Ministry of National Defense issued an an- nouncement of the aircraft identification rules for the East China Sea Air Defense Identification Zone of the People’s Republic of China. The full text is as follows: Announcement of the Aircraft Identification Rules for the East China Sea Air Defense Identification Zone of the People’s Re- public of China. Issued by the Ministry of National Defense on November 23. 1 Statement by the Government of the People’s Republic of China on Establishing the East China Sea Air Defense Identification Zone, China Daily (Nov. 23, 2013, 11:45 AM), http://www.chinadaily.com.cn/china/2013-11/23/content_17126611. htm. Javaid Rehman and Sumaiya Khair - 9789004379756 Downloaded from Brill.com09/29/2021 12:40:01AM via free access State Practice 205 The Ministry of National Defense of the People’s Republic of China, in accordance with the Statement by the Government of the People’s Republic of China on Establishing the East China Sea Air Defense Identification Zone, now announces the Aircraft Identification Rules for the East China Sea Air Defense Identifica- tion Zone as follows: First, aircraft flying in the East China Sea Air Defense Identification Zone must abide by these rules. Second, aircraft flying in the East China Sea Air Defense Identifica- tion Zone must provide the following means of identification: 1. Flight plan identification. Aircrafts flying in the East China Sea Air Defense Identification Zone should report the flight plans to the Ministry of Foreign Affairs of the People’s Republic of China or the Civil Aviation Administration of China. 2. Radio identification. Aircrafts flying in the East China Sea Air Defense Identification Zone must maintain the two-way radio communications, and respond in a timely and accurate manner to the identification inquiries from the administrative organ of the East China Sea Air Defense Identification Zone or the unit authorized by the organ. 3. Transponder identification. Aircrafts flying in the East China Sea Air Defense Identification Zone, if equipped with the secondary radar transponder, should keep the transpon- der working throughout the entire course. 4. Logo identification. Aircraft flying in the East China Sea Air Defense Identification Zone must clearly mark their nationalities and the logo of their registration identification in accordance with related international treaties. Third, aircraft[s] flying in the East China Sea Air Defense Identi- fication Zone should follow the instructions of the administrative organ of the East China Sea Air Defense Identification Zone or the unit authorized by the organ. China’s armed forces will adopt defensive emergency measures to respond to aircraft that do not cooperate in the identification or refuse to follow the instructions. Fourth, the Ministry of National Defense of the People’s Re- public of China is the administrative organ of the East China Sea Air Defense Identification Zone. Javaid Rehman and Sumaiya Khair - 9789004379756 Downloaded from Brill.com09/29/2021 12:40:01AM via free access 206 (2013) 19 Asian Yearbook of International Law Fifth, the Ministry of National Defense of the People’s Republic of China is responsible for the explanation of these rules. Sixth, these rules will come into force at 10 am November 23, 2013.2 INDONESIA Agreement between the Government of the Republic of Indonesia and the Government of the People’s Republic of China on Cooperation in the Exploration and Peaceful Use of Outer Space On 2 October 2013, Indonesia and China signed an agreement relating to cooperation in the exploration and peaceful use of outer space. Within the Agreement, both parties have agreed on the fact that outer space is one of the common heritages of mankind, meaning that outer space shall be used for the benefits of all countries and must not be exploited based on national interests. The Agreement is mainly focused on cooperation for peaceful pur- poses such as scientific research and the development of new satellites; launch and control service of all satellites including the management and operation within the orbit; and the utilisation of satellites data. All of the activities that will be conducted by both parties will be held through a joint research and training with notable outer space experts and free-sharing scientific information through academic workshops or seminars for and by both parties. By establishing this Agreement, Indonesia and China are both aiming to achieve and strengthen the beneficial relationship through scientific and technology development within outer space based on mutual interest and lawful act. 2 Announcement of the Aircraft Identification Rules for the East China Sea Air Defense Identification Zone of the People’s Republic of China, China Daily (Nov. 23, 2013, 12:02 PM), http://www.chinadaily.com.cn/china/2013-11/23/content_17126618. htm. Javaid Rehman and Sumaiya Khair - 9789004379756 Downloaded from Brill.com09/29/2021 12:40:01AM via free access State Practice 207 Aliens BANGLADESH ACCEPTANCE OF REFUGEES – STATUS OF MYANMAR (ROHINGYA) REFUGEES IN BANGLADESH – UNDOCUMENTED FOREIGN NATIONALS – ACCEPTANCE OF REFUGEES ON HUMANITARIAN GROUNDS National Strategy on Myanmar Refugees and Undocumented Myanmar Nationals 2013 The government of Bangladesh, in its Cabinet meeting of 9 September 2013, adopted the National Strategy Paper on Myanmar Refugees and Undocumented Myanmar Nationals 2013 (the Strategy) in order to address the situation of the registered refugees as well as the undocumented Myan- mar nationals living in Bangladesh. Being the first national initiative, this Strategy aims to provide a long-term solution to the challenges presented by the presence of a large number of undocumented Myanmar population in Bangladesh. The Strategy calls these people as “undocumented Myanmar nationals.” Myanmar does not, however, recognise them as its citizens/ nationals. Therefore, for all practical purposes, both the registered refugees and the undocumented Rohingyas are stateless people. One of the main purposes of this Strategy is to provide ‘temporary basic humanitarian relief’ (e.g. health, food, water, sanitation, and nutri- tion) to these people. Other key objectives of this Strategy have been to: (a) record or survey the undocumented Myanmar Nationals (UMNs), (b) strengthen Bangladesh-Myanmar border management, (c) to sustain diplomatic engagement with Myanmar at bilateral and multilateral levels, and (d) to establish a national-level coordination through a National Task Force (NTF) and a District Task Force (DTF).
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