Asian Yearbook of International Law <UN> <UN> Asian Yearbook of International Law Volume 22 (2016) leiden | boston <UN> This is an open access title distributed under the terms of the prevailing CC-BY-NC License at the time of publication, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. The Development of International Law in Asia-Korea (DILA-KOREA), as the secretariat of DILA, is respon- sible for the management of DILA along with the Asian Yearbook of International Law and Asia Pacific Ocean Law Institutions Alliance. DILA-KOREA has generously provided financial support so that Volume 22 (2016) is available as open access. Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill-typeface. isbn 978-90-04-36590-2 (hardback) isbn 978-90-04-37963-3 (e-book) Copyright 2019 by The Authors. Published by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag. Koninklijke Brill NV reserves the right to protect the publication against unauthorized use and to authorize dissemination by means of offprints, legitimate photocopies, microform editions, reprints, translations, and secondary information sources, such as abstracting and indexing services including databases. Requests for commercial re-use, use of parts of the publication, and/or translations must be addressed to Koninklijke Brill NV. This book is printed on acid-free paper and produced in a sustainable manner. <UN> Asian Yearbook of International Law Co-Editors-in-Chief Seokwoo Lee Hee Eun Lee Executive Editor Lowell Bautista Special Issue Editor Keyuan Zou Editorial Board Members Jay Batongbacal Kitti Jayangakula Tran Viet Dung Sumaiya Khair Mario Gomez Jaclyn Neo V.G. Hegde Li-Ann Thio Juwana Hikmahanto Dustin Kuan-Hsiung Wang Kanami Ishibashi Guifang Julia Xue State Practice Contributors Founding General Editors Sumaiya Khair (Bangladesh) Ko Swan Sik Kanami Ishibashi ( Japan) Christopher W. Pinto Buhm-Suk Baek (Korea) J.J.G. Syatauw Shaun Kang (Malaysia) Jay L. Batongbacal (Philippines) Key Editors For Previous Volumes Jaclyn Neo and Rachel Tan Xi’En (Singapore) Kitti Jayangakula (Thailand) B.S. Chimni Tran Viet Dung (Vietnam) Miyoshi Masahiro Javaid Rehman Advisory Board Members Surya Subedi Kevin Y.L. Tan Karin Arts Li-Ann Thio Jamal Seifi Kevin Y.L. Tan volume 22 (2016) The titles published in this series are listed at brill.com/ayil <UN> Foundation for the Development of International Law in Asia (dila) dila was established in 1989, at a time when its prime movers believed that economic and political developments in Asia had reached the stage at which they would welcome and benefit substantially from a mechanism to promote and facilitate exchanges among Asian international law scholars that had failed to develop during the colonial era. The Foundation was established to promote: (a) the study of and analysis of topics and issues in the field of international law, in particular from an Asian perspective; (b) the study of, and the dissemination of knowledge of interna- tional law in Asia; and (c) contacts and co-operation between persons and in- stitutions actively dealing with questions of international law relating to Asia. The Foundation is concerned with reporting and analyzing developments in the field of international law relating to the region, and not primarily with efforts to distinguish particular attitudes, policies or practices as predominate- ly or essentially “Asian”. If they are shown to exist, it would be an interesting by-product of the Foundation’s essential function, which is to bring about an exchange of views in the expectation that the process would reveal areas of common interest and concern among the states of Asia, and even more impor- tantly, demonstrate that those areas of interest and concern are, in fact, shared by the international community as a whole. <UN> The Asian Yearbook of International Law Launched in 1991, the Asian Yearbook of International Law is a major inter- nationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published by Brill under the auspices of the Foundation for the Development of International Law (dila). When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It pro- vides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objects of the Yearbook are two- fold. First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary internation- al legal issues. Each volume of the Yearbook contains articles and shorter notes, a section on State Practice, an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia, as well as book reviews. We believe this publication to be of importance and use to anyone working on international law and in Asian studies. In keeping with dila’s commitment to encourage scholarship in interna- tional law as well as to disseminate such scholarship, its Governing Board de- cided to make the Yearbook open access and is available through Brill Open. <UN> Contents Editorial Note XIII Seokwoo Lee and Hee Eun Lee Peaceful Uses of East Asian Seas: An Editorial Note XX Keyuan Zou Articles Part 1 Maintaining Maritime Peace and the Law of the Sea Peaceful Use of the Sea and the Rule of Law 5 Miyoshi Masahiro Peaceful Proposals and Maritime Cooperation between Mainland China, Japan, and Taiwan in the East China Sea: Progress Made and Challenges Ahead 20 Yann-huei Song The South China Sea Disputes: An Opportunity for the Cross Taiwan Strait Relationship 50 Yen-Chiang Chang Part 2 Peaceful Uses of Marine Resources Management of Fishery Resources: A Starting Point towards Cooperation in the East China Sea 69 Kuan-Hsiung Wang Framework for the Joint Development of Hydrocarbon Resources 86 Robert Beckman and Leonardo Bernard The International Legal Obligations of States in Disputed Maritime Jurisdiction Zones and Prospects for Co-operative Arrangements in the East China Sea Region 109 David M. Ong <UN> x Contents Joint Development in the South China Sea: Is the Time Ripe? 131 Jianwei Li and Pingping Chen Part 3 Promotion of Marine Scientific Research for Peace Peaceful Use of the Sea and Military Intelligence Gathering in the eez 161 Keyuan Zou Marine Data Collection: US Perspectives 177 J. Ashley Roach Voluntary Observing Ship and Marine Scientific Research under the Law of the Sea 210 Hong Chang Part 4 Peaceful Means for Maritime Dispute Resolution Unilateral Actions and the Rule of Law in Maritime Boundary Disputes 237 Anne Hsiu-An Hsiao Search and Rescue as an Enabler to Stimulate Cooperation in Areas of Tension 255 Erik Franckx Notes and Commentaries China’s Air Defence Identification Zone: Towards the Crystallization of a New International Custom 275 Matthias Vanhullebusch Indonesia’s Practice in Combatting Illegal Fishing: 2015–2016 283 Arie Afriansyah <UN> Contents xi Legal Materials Participation in Multilateral Treaties 303 Karin Arts State Practice of Asian Countries in International Law 329 Sumaiya Khair (Bangladesh) 329 Kanami Ishibashi ( Japan) 346 Buhm-Suk Baek (Korea) 351 Shaun Kang (Malaysia) 361 Jay L. Batongbacal (Philippines) 365 Jaclyn L. Neo and Rachel Tan Xi’En (Singapore) 374 Kitti Jayangakula (Thailand) 380 Tran Viet Dung (Vietnam) 388 Literature Book Review 405 Sangmin Shim International Law in Asia: A Bibliographic Survey – 2016 411 Lowell Bautista dila Events 2016 DILA International Conference and 2016 DILA Academy and Workshop 449 Seokwoo Lee and Hee Eun Lee <UN> Editorial Note The 2016 edition (Volume 22) of the Asian Yearbook of International Law is a special volume whose main articles focus on the peaceful uses of the East Asian seas and is followed by notes and commentaries; legal materials includ- ing a listing of the participation of Asian states in multilateral treaties and a description of the state practice of Asian states in the field of international law; a literature section featuring a book review and a bibliographic survey of materials dealing with international law in Asia; and finally a summary of the activities undertaken by the Foundation for the Development of International Law in Asia in 2016. I Main Articles As noted by Keyuan Zou, Harris Professor of International Law at Lancashire Law School and Special Issue Editor for this volume of the Yearbook, the main articles of Volume 22 concern the peaceful uses of East Asian seas and were chosen from the papers that were presented at two international conferences held in Hangzhou, China in 2012 and 2013, sponsored by the Centre for Ocean Law and Governance of Zhejiang University. Part I of the main articles focuses upon “Maintaining Maritime Peace and the Law of the Sea” and begins with Masahiro Miyoshi’s article on “Peaceful Use of the Sea and the Rule of Law”. Professor Miyoshi, who is Professor Emeri- tus of International Law at Aichi University and a former General Editor of the Yearbook, asserts that the governing principle for state conduct in their rela- tions with other states should be the rule of law. He then contextualizes the principle in relation to particular law of the sea matters and sovereignty dis- putes in East Asia and concludes by noting that despite states’ desires to have control over the dispute settlement process and preferring arbitration over the International Court of Justice, a lesson can be learned from the Anglo-French Continental Shelf Arbitration of 1977.