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Asian Yearbook of International Law, Volume 10 (B.S ASIAN YEARBOOK OF INTERNATIONAL LAW FOUNDATION FOR THE DEVELOPMENT OF INTERNATIONAL LAW IN ASIA (DILA) Governing Board Bharat Desai (New Delhi) Nakatani Kazuhiro (Treasurer, Tokyo) Florentino P. Feliciano (Manila) Park Choon Ho (Seoul) Jamshed A. Hamid (Islamabad) Li Zhaojie (Beijing) Rahmatullah Khan (New Delhi) M.C.W. Pinto (The Hague) Ko Swan Sik (The Hague) S.J. Seifi (Vice-Chairman, Tehran) Tommy T.B. Koh (Singapore) Surya P. Subedi (London) Kriangsak Kittichaisaree (Chairman, Sompong Sucharitkul (San Francisco) Bangkok) K. Tan Yew Lee (Singapore) Kozai Shigeru (Osaka) Support received from: Netherlands Ministry of Development Cooperation (1991) Swedish International Development Authority (1994) The Japan Foundation (1996) Patrons: The Paeksang Foundation, Seoul Tokibo Co., Ltd., Tokyo Patronage and donations: As of 1997, upon donation to the Foundation of US$ 10,000 or more, the donor will be designated Patron of the Foundation www.asianinternationallaw.org Mailing addresses: For DILA matters: For Yearbook matters: Prof. Kriangsak Kittichaisaree Prof. Surya P. Subedi, OBE 35/304 Noble House Phayathai Bldg., 27th 6 Manorside, Floor (27C), Barnet, London EN5 2LD, Phayathai Road, Ratchataevee, Bangkok United Kingdom 10400, Thailand e-mail: [email protected] e-mail: [email protected] Asian Yearbook of International Law published under the auspices of the Foundation for the Development of International Law in Asia (DILA) General Editors B.S. Chimni – Miyoshi Masahiro – Surya P. Subedi VOLUME 10 2001-2002 MARTINUS NIJHOFF PUBLISHERS LEIDEN / BOSTON A C.I.P. Catalogue record for this book is available from the Library of Congress. ISBN 90 04 14639 3 © 2005 Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill Academic Publishers, Martinus Nijhoff Publishers and VSP. http://www.brill.nl Layout and camera-ready copy: Anne-Marie Krens, Oegstgeest, The Netherlands Printed on acid-free paper. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher. Authorization to photocopy items for internal or personal use is granted by Brill Academic Publishers provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers MA 01923, USA. Fees are subject to change. Printed and bound in The Netherlands ASIAN YEARBOOK OF INTERNATIONAL LAW Advisory Council P. Chandrasekara Rao, New Delhi Datuk Wira Lal C. Vohrah, Kuala Lumpur Park Ki-Gab, Seoul Xue Hanqin, The Hague Mochtar Kusuma-Atmadja, Jakarta Onuma Yasuaki, Tokyo Roy S. Lee, New York Matsui Yoshiro, Kyoto Nguyen Hong Thao, Hanoi Abdulqawi A. Yusuf, Paris R. Pangalangan, Manila Editorial Board Antony Anghie, Salt Lake City Nakatani Kazuhiro, Tokyo B.S. Chimni, New Delhi Mariko Kawano, Tokyo Rahmatullah Khan, New Delhi M.C.W. Pinto, The Hague Kim Charn Kiu, Seoul S.J. Seifi, Tehran Ko Swan Sik, The Hague Surya P. Subedi, London Kriangsak Kittichaisaree, Bangkok Sompong Sucharitkul, San Francisco Li Zhaojie, Beijing K. Tan Yew Lee, Singapore R.P.M. Lotilla, Manila K.I. Vibhute, Pune Miyoshi Masahiro, Nagoya Associate Editor Karin Arts The Hague National Correspondents Surendra Bhandari, Nepal Javaid Rehman, Pakistan Camena Guneratne, Sri Lanka Harry Roque Jr, Philippines V.G. Hegde, India Azmi Sharom, Malaysia Okada Izumi, Japan Soh Tze Bian, Singapore Hikmahanto Juwana, Indonesia Patcharapa Thawinyarti, Thailand Tahmina Karimova, Tajikistan Eric Yong-Joong Lee, Korea Yakushiji Kimio, Japan Ghasim Zamani, Iran A.F.M. Maniruzzaman, Bangladesh TABLE OF CONTENTS Introduction by the General Editors ix Abbreviations xi ARTICLES Anthony Carty, The Japanese seizure of Korea from the perspective of the United Kingdom National Archive, 1904-1910 3 Annapurna Waughray, Human rights in South Asia: Abuse and degradation 25 Azmi Sharom, Appreciating compliance with international environmental law treaties: Lessons from a developing country – Malaysia 57 M.T. Karoubi, Unilateral use of armed force and the challenge of humanitarian intervention in international law 95 Tahmina Karimova, Universal permissive jurisdiction for the violation of Common Article 3 to the Geneva Conventions for the Protection of the Victims of War of 12 August 1949 125 SHORT ARTICLES AND NOTES Rudra Sharma, Nepal’s road to the World Trade Organization: A pragmatic overview 147 LEGAL MATERIALS – State practice of Asian countries in the field of international law 167 · Bangladesh 167 · India 170 vii viii Asian Yearbook of International Law · Indonesia 180 · Japan 189 · Korea 195 · Malaysia 200 · Nepal 205 · Pakistan 208 · Philippines 210 · Sri Lanka 232 · Tajikistan 240 · Thailand 249 – Participation in multilateral treaties 265 ASIAN AND INTERNATIONAL ORGANIZATIONS Asian-African Legal Consultative Organization: Bi-annual survey of activities 2001-2002 293 CHRONICLE Chronicle of events and incidents relating to Asia with relevance to international law: July 2001 – June 2002 333 LITERATURE Book reviews 407 Survey of literature 419 Index 435 General information 447 INTRODUCTION BY THE GENERAL EDITORS We are proud to present this Tenth volume of the Asian Yearbook of International Law and pleased to have reached the stage where we are today. The continent of Asia is experiencing dramatic and breathtaking changes in almost all areas of human activity. Phenomenal economic growth is taking place across the continent, with the rare exceptions of certain South and Southeast Asian least developed States. These are exciting times for Asia and for the development of international law. The world of international law has moved from the traditional Eurocentric and West- centric mode in its acquisition of a truly global character. Asian States are playing a leading role in developing and formulating new rules of international law and in shaping the future policies of our planet. Consequently, international law has become a discipline of growing interest in Asia with the new challenges posed by new developments, both political and economic. For instance, both the Caspian Sea and the South China Sea are emerging as foci not only in terms of the exploration and exploitation of natural resources, but also in terms of their volatility and vulnerability to potential conflict over these very natural resources. Competition for energy and fresh water resources is likely to become more acute in this region. The rapid degrada- tion of the environment currently taking place across Asia is a constant cause for concern. The challenge for international lawyers is to address these developments in a constructive manner and enable international law to manage these changes. The key to advancing human civilization and to ensuring lasting peace and prosperity is through respect for the rule of law both at the regional and the international levels. This is where the community of international legal scholars have a role to play. Together, they have a role in ensuring that the exercise of power remains within the boundaries of international law, in creating awareness of both the impending problems and the solutions to such problems, and in disseminating the message of peace, freedom, tolerance, and harmony. This is particularly so for Asian scholars, who are at the heart of these changes. As the Yearbook begins its new decade, we assure our readers that we will continue in our endeavour to promote international law in Asia, to reach out to as many ix x Asian Yearbook of International Law scholars as possible, to join hands with the wider body of scholars in upholding international law, and to serve as a platform for discussion of the need for the timely reform and change of this body of law in order to meet the challenges posed by the new developments taking place around us. The General Editors ABBREVIATIONS AJIL - American Journal of International Law Am.U.J.Int’l.L&Pol’y - American University Journal of International Law and Policy APEC - Asia-Pacific Economic Co-operation ASEAN - Association of Southeast Asian Nations Asian YIL - Asian Yearbook of International Law BDFA - British Documents on Foreign Affairs BJC - British Journal of Criminology BYIL - British Yearbook of International Law CEDAW - Convention on the Elimination of Discrimination Against Women CTS - Consolidated Treaty Series (C. Parry, Ed.) CWILJ - California Western International Law Journal DJILP - Denver Journal of International Law and Policy EJIL - European Journal of International Law FO - Foreign Office, UK GATS - General Agreement on Trade in Services GATT - General Agreement on Tariffs and Trade GYIL - German Yearbook of International Law Hague Receuil - Receuil des cours de l’Académie de droit international de la Haye HMSO - Her Majesty’s Stationery Office, UK HRLJ - Human Rights Law Journal ICAO - International Civil Aviation Organization ICJ - International Court of Justice ICJ Rep - International Court of Justice Reports ICLQ - International and Comparative Law Quarterly ICRC - International Committee of the Red Cross ICTY - International Criminal Tribunal for former Yugoslavia IHT - International Herald Tribune IJIL - Indian Journal of International Law IJMCL - International Journal of Maritime and Coastal Law ILA - International Law Association ILM - International Legal Materials xi xii Asian Yearbook of International Law Ind.JIL - Indian Journal of International
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