Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 38, 2020

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

• PrefaceArticlesNeo-Liberal, State-Capitalist and Ordo-Liberal Conceptions of World Trade: The Rise and Fall of the WTO Dispute Settlement SystemErnst-Ulrich PetersmannWhy China Finds It Difficult to Enable the Rule of LawDavid KC Huang & Nigel N.T. LiAll Words and No Action Korea’s FTA Experience in Addressing Investigating Authorities’ Discretion in Trade Remedy Investigations and Ensuing ImplicationJaemin LeeSpecial ReportsThe Rebirth of Hong Kong’s Rule of LawBenny Yiu-ting TaiCybersecurity is National Security: Can Taiwan Have the Digital Cake and Eat It Too?Bo-jiun JingA Story of Two Disputes: (Potential) Investment Claims that hit Taiwan under the Singapore-Taiwan FTA (ASTEP)Jeffrey (Chieh) LoBook ReviewIssues Decisive for China’s Rise and Fall: An International Law Perspective by Yuwa Wei Springer (2019), pp. XXV, 203Punsara Amarasinghe & Sanjay RajhansContemporary Practice and Judicial Decisions of the Republic of China (Taiwan) Relating to International Law, 2020Compiled by Chun-i Chen, Pasha L. Hsieh, Chun-Liang Lai, and Kai-Chih Chang, with the Assistance of Lee & Li Attorneys-at-LawExplanatory NoteI International Law in GeneralInaugural Address of ROC 15th-Term President Tsai Ing-wenII Subjects of International LawIII International OrganizationsMOFA Signs International Cooperation and Development Assistance Agreements with Five Taiwan NGOsMOFA Calls on WHO to Take Neutral, Professional Stance Facilitating Taiwan’s Full Participation and ContributionsMOFA Thanks Diplomatic Allies, Like-Minded Countries for Strong Support Extended at Virtual 73rd WHA for Taiwan’s Participation in WHOPresident Tsai Addresses Copenhagen Democracy Summit via VideoMOFA Sincerely Appreciates Broad International Support for Taiwan’s 2020 UN CampaignMOFA Expresses Sincere Gratitude for Unprecedented International Support at the Resumed Session of the 73rd WHAIV IndividualsSupreme Administrative Court Administrative Ruling (May 21, 2020) 109-Tsai-Zi 788Executive Yuan Releases Third National Reports on Human Rights CovenantsSupreme Court Criminal Ruling (September 2, 2020) 109-Tai-Kang-Zi 1082Cabinet Approves Draft Bill on Implementation of UN Convention against TortureMinistry of Justice, the Executive Yuan (December 31, 2020) Fa-Lu-Zi-10903517980VTerritory and Territorial JurisdictionMOFA Reiterates South China Sea Islands Are Part of R.O.C. Territory; R.O.C. Is Entitled to All Rights over South China Sea Islands and Their Relevant Waters in Accordance with International Law and Law of the SeaVI State ResponsibilityVII The Law of the Sea, Environment, Health, and AviationNCDR Inks Disaster Management Pacts with Nepal MunicipalitiesIn Line with the Trend of Green Recovery, Taiwan and EU Jointly Create a New International Circular Value ChainVIII The Law of TreatiesPublic Construction Commission, the Executive Yuan (February 12, 2020) Gong-Cheng-Qi-Zi-1090100125IX Diplomatic, Consular and Similar RelationsMOFA Announces Donation of 10 Million Face Masks to the US, Europe, Diplomatic Allies to Extend Humanitarian Assistance in Wake of COVID-19Taiwan Announces Mutual Establishment of Representative Offices with Republic of SomalilandThe ROC (Taiwan) Reestablishes Taipei Economic and Cultural Office in GuamPresident Tsai Addresses Indo-Pacific Leaders Dialogue SessionMOFAA announces Signing of Taiwan-US Scientific and Technological Cooperation Agreement under the Economic Prosperity Partnership Dialogue FrameworkXPeaceful Settlement of International DisputesXI Arms Control, Use of Force and International Criminal LawPresident Tsai Directs Foreign Minister to Express Condolences to France Following Terror Attacks, Ensure the Safety of ExpatriatesPresident Tsai Directs Foreign Ministry to Convey Condolences to Austria Following Terror Attack, and Ensure Safety of ExpatriatesXII International Economic RelationsTaiwan and Germany Enhanced Cross-Border Banking and Insurance Supervisory CooperationTECO Inks Organic Food Agreement with New Zealand’s NZCIOMinistry of Economic Affairs, the Executive Yuan (April 7, 2020) Jing-Shang-Zi-10900550200Taiwan Shares COVID-19 Success Story at APEC Trade Ministers MeetingPresident Tsai Issues Remarks Regarding International TradeExecutive Yuan Announces Taiwan-US Framework for Infrastructure Finance and Market Building CooperationLeader’s Representative Morris Chang Attends the Virtual 2020 APEC Economic Leaders’ MeetingTECRO Hails Success of First U.S.-Taiwan Economic Prosperity Partnership DialogueXIII Private International LawSupreme Court Ruling (July 3, 2020) 108-Tai-Shang-Da-Zi 980Supreme Court Civil Ruling (November 11, 2020) 109-Tai-Kang-Zi 1084XIV Cross-Strait RelationsMAC’s Statement on the Promulgation and Implementation of the Anti-Infiltration Act TodayMAC Protests against CCP Obstruction of Taiwan’s Participation in the WHOHumanitarianism and Disease Prevention Must Both be Taken into Account: Cross-Strait Cooperation Required in EvacuationPresident Tsai’s Inauguration Address Dedicates to Peaceful and Stable Cross-Strait RelationsMAC Announces Hong Kong Humanitarian Aid Project and Establishes the Taiwan-Hong Kong Office for Exchanges and Services to Provide Necessary Assistance to Hong Kong CitizensMAC’s Explanation of Policy Position on the CCP’s Straits ForumRemarks by Minister Chen at the International Symposium on Current Issues of Development and Governance in Mainland ChinaXV OthersReport 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 September 28, 2020Treaties/Agreements Concluded by the Republic of China (Taiwan) with Other Countries and Organizations in 2020Compiled by Chun-i Chen, Kai-Chih Chang, and Pasha L. HsiehChronological listSelected TextsAustraliaBackgroundThrough this Arrangement, the Parties Intend toBelizeIndonesiaKosovoSomalilandSwitzerlandUnited States of AmericaIndexGuidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs