Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 35 (2017)

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

• Preface xiiiYing-jeou MaEssaySome Personal Reflections about Getting Started as an International Lawyer James A.R. NafzigerArticlesBreaking the Silence of the Executive: The Residual Role of the Common Law Courts in the Determination of Statehood Michael Hwang S.C. and Lim Si ChengSovereignty over Dokdo as Interpreted and Evaluated from the Korean-Japanese Exchanges of Notes Verbale (1952–1965) Hyun-jin ParkRoles and Functions of Official Transitional Justice Mechanisms in the Asia-Pacific Region in the Development of International Law Yasue MochizukiThird Parties and Insular Features After the South China Sea Arbitration Brian McGarry“Recognition” of Governments by International Organizations – The Example of the UN General Assembly and Asian States Agata KleczkowskaSpecial ReportComing “Inside”: An Analysis of Visa Waiver Privileges for Domiciled ROC (Taiwan) Citizens with Reference to the United States Wei Zheng Toh Compiled 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 Note IInternational Law in General Foreign Policy Report, 9th Congress of the Legislative Yuan, 3nd Session (March 6, 2017)President Tsai’s Remarks at 2017 Asia-Pacific Security DialogueForeign Policy Report, 9th Congress of the Legislative Yuan, 4th Session (October 2, 2017)IISubjects of International LawIIIInternational OrganizationsRepublic of China (Taiwan) and Intergovernmental Organizationsmofa Expresses Deep Regret and Dissatisfaction that Taiwan Not Yet Invited to WHARepublic of China (Taiwan) Rejects WHO Characterization of Its Participation in World Health Assembly and Expresses Its Strong Dissatisfaction to WHO Secretariatroc Government’s Position on Mainland Chinese Interference with Taiwan’s Participation in WHAmofa Grateful to ROC Diplomatic Allies, Partner Countries for Staunch Support of Taiwan’s 2017 WHA ParticipationThe Government Again Intensely Protests Mainland China’s Improper Obstruction of Taiwan’s Participation in this Year’s WHAroc Government Announces Details of 2017 Campaign for UN ParticipationPresident Tsai Selects James Soong as Her Leader’s Representative for 2017 APEC Economic Leaders’ WeekLeader’s Representative James Soong Explains Results Achieved by ROC Delegation during 25th APEC Economic Leaders’ WeekIVIndividualsJudicial Yuan (May 24, 2017) Interpretation No. 748Freedom of Marriage, Right to Equality, Same-Sex MarriageTaiwan High Court Criminal Judgment (June 30, 2017) 106 Shan-Yi-Zi 752iccpr, icescr, Opportunity of Appellate Relief, Principle of DualismTaiwan High Court Tainan Branch Court Criminal Ruling (June 30, 2017) 106 Sheng-Geng-(Yi)-Zi 526Custody in Mainland China, Direct Repatriation, ICCPR, Sentence Reduced for Time Served in DetentionSecretary-General, Judicial Yuan (September 26, 2017) Mi-Tai-Ting-Min-Yi-Zi 1060021888Act for the Application of Law in Civil Cases Involving Foreign Elements, Same-Sex MarriagePresident Tsai Attends Review Meeting of the ROC’s Initial Report under the Convention on the Rights of the ChildReview Meetings of the ROC’s Initial Report under the Convention on the Right of Persons with DisabilitiesReview Meetings of the ROC’s Initial Report under the Convention on the Rights of the ChildVTerritory and Territorial JurisdictionVIState ResponsibilityVIIThe Law of the Sea, Environment, Health, and AviationTaiwan and the Philippines Bolster Law Enforcement Cooperation in FisheriesTaiwan and Belgium’s Flanders Sign MOU on Sustainable Energy CooperationVIIIThe Law of TreatiesIXDiplomatic, Consular, and Similar RelationsNew Southbound Policy Develops Talent for Mutual BenefitNew Southbound Policy Paying Early DividendsPresidential Office Statement on Termination of Diplomatic Relations with Panamamofa Statement on Termination of Diplomatic Relations with PanamaXPeaceful Settlement of International DisputesXIArms Control, Use of Force, and International Criminal Lawroc Government Condemns Provocative North Korean Nuclear TestInvestigation Bureau, Ministry of Justice (September 8, 2017) Diao-Qian-Er-Zi 10635557890Sanctions, South Sudan, United Nations Security Council, United StatesPresidential Office Statement on Latest Missile Test by North KoreaMinistry of Economic Affairs, Ministry of Justice (September 25, 2017) Jing-Mao-Zi 10604604680Foreign Trade Act, North Korea, Nuclear Tests, Sanctions, United NationsInvestigation Bureau, Ministry of Justice (November 8, 2017) Diao-Qian-Er-Zi 10635571730Financing of Terrorism, Iran, Money Laundering, North KoreaPresidential Office Statement on Missile Test by North KoreaXIIInternational Economic RelationsTaiwan and Finland Sign Cooperation Arrangement on Customs FraudTaiwan Prevails as WTO Adopts Panel Report Finding Canada’s Anti-Dumping Measures Inconsistent with WTO RulesRepublic of China and the Holy See Sign MOU on Cooperation in Exchange of Financial IntelligenceTaiwan Partners with 70 WTO Members to Promote E-CommerceXIIIPrivate International LawTaiwan High Court Civil Ruling (November 9, 2017) 106 Fei-Kang-Zi 116Czech Republic, Principle of Reciprocity, Recognition of a Foreign Arbitration AwardTaiwan High Court Civil Ruling (December 7, 2017) 106 Fei-Kang-Zi 115Arbitration Notices, Procedural Rights, Public Order and Good Morals, Recognition of Arbitration Award, Shanghai Arbitration CommissionXIVCross-Strait Relationsmac Letter of Interpretation Clarifying Questions over Civil Servants Transferring Flights and the Application of the Cross-Strait Actmac Solemnly Protests Unilateral Change of the “Chinese Taipei” Team Name by the Mainland Chinese Media at the Asian Table Tennis Championships 2017President Tsai Attends Opening of Symposium on 30 Years of Cross-Strait Exchanges and Prospects for the FutureAmendments to Article 29–1 of the Act Governing Relations with Hong Kong and Macao Provide a Legal Basis for Taiwan to Sign Agreements Related to Mutual Tax Exemption on Sea and Air Transportation with Hong Kong and MacaoDeportations of Fraud Suspects to Mainland Chinamac Solemnly Protests the Deportation from Vietnam to Mainland China of ROC Nationals Involved in Telecommunications Fraudmac Calls for Cross-Strait Cooperation to Prevent Cross-Border Telecommunications Fraudmac Solemnly Protests the Deportation from Cambodia to Mainland China of ROC Nationals Involved in Telecommunications Fraudmac Solemnly Protests the Deportation from Indonesia to Mainland China of ROC Nationals Involved in Telecommunications FraudROC Solemnly Protests the Deportation from Malaysia and Cambodia to Mainland China of roc Nationals Involved in Telecommunications Fraud 291mac Solemnly Protests the Deportation from Cambodia to Mainland China of ROC Nationals Involved in Telecommunications FraudPress Reference Material Regarding the Spanish Judicial Decision to Deport ROC Nationals Suspected of Telecommunications Fraud in Spain to Mainland Chinamac’s Response to the Mainland Ruling in the Kenya CaseCase of Li Ming-chemac Calls on Mainland China to Provide Explanation on the Li Ming-che Casemac Calls on Mainland China to Reflect on the Important Historic Lessons of the Tiananmen Square Incidentmac Calls on the Mainland to Handle the Li Ming-che Case in Accordance with the Universal Value of Human RightsXVOthers Compiled by Chun-i Chen, Pasha L. Hsieh, and Kai-Chih Chang   Memorandum of Understanding between Chinese Taipei and the Asia-Pacific Economic Cooperation Secretariat Concerning Contributions to the APEC Support Fund and APEC Policy Support Unit Arrangement on Cooperation between the Taiwan Customs Service and the Finnish Customs Service to Combat Customs Fraud Memorandum of Understanding between the Anti-Money Laundering Division, Investigation Bureau, Ministry of Justice, Republic of China (Taiwan) and the Financial Information Authority (“Autorita’ di Informazione FinanZiaria”- “AIF”) of the Holy See Concerning Cooperation in the Exchange of Financial Intelligence Related to Money Laundering, Associated Predicate Offences and Terrorism Financing Agreement between the Taiwan-Japan Relations Association and the Japan-Taiwan Exchange Association on Cooperation and Mutual Assistance in Customs Matters Agreement between the Ministry of the Interior of the Republic of China (Taiwan) and the Ministry of State of the Republic of Palau Concerning Cooperation in Immigration Affairs and Human Trafficking PreventionSt. Vincent and the GrenadinesAgreement between the Republic of China (Taiwan) and St. Vincent and the Grenadines on Police CooperationIndex Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs