Abstract
The contribution examines critical developments of the Chinese (Taiwan) Yearbook of International Law and Affairs and its contribution to the ‘Grotian moment’ in Asia. The Yearbook is the first publication specialized in international law in Greater China, a Chinese-speaking region that includes Mainland China, Taiwan, Hong Kong and Macau. The founding of the Yearbook in 1981 was a response to the unique status of the Republic of China (ROC) rendered after its loss of representation in the United Nations under General Assembly Resolution 2758 of 1971. Over the past 40 years, the Yearbook has become an intellectual depository of research on the Diaoyutai/Senkaku Islands, the Taiping Island (known as Itu Aba in the West), and related territorial and delimitation disputes in the East and South China Seas. It also provides a scholarly forum for discussions on the ROC’s state practice, concepts of recognition in divided states, cross-Taiwan Straits relations and the status of Hong Kong. To foster dialogues on transnational legal issues related to the Asia–Pacific region, the Yearbook has published papers selected for presentation at research forums jointly organized by the International Law Association and the American Society of International Law. The Yearbook will further digitalize its contents and enhance collaboration with academic societies around the globe in order to galvanize the understanding of international law from Asian perspectives.
Ying-jeou Ma received his S.J.D. from Harvard Law School in 1981 and taught international law at National Chengchi University (NCCU) as an adjunct associate professor from 1981 to 1998. After he served as President of the Chinese (Taiwan) Society of International Law from 1999 to 2002, he became the Editor-in-Chief of the Chinese (Taiwan) Yearbook of International Law and Affairs. In the meantime, he was President of the Republic of China (ROC) from 2008 to 2016. Chun-i Chen is the Associate Editor-in-Chief and Executive Editor of the Yearbook and a professor of law at NCCU. Pasha L. Hsieh is the Managing Editor of the Yearbook and an associate professor of law at Singapore Management University.
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Notes
- 1.
Taiwan was under Dutch rule from 1624 to 1662. The Zheng-Dutch Peace Treaty consists of Dutch and Chinese versions, which include 18 and 16 provisions, respectively. This treaty preceded the 1689 Treaty of Nerchinsk relating to Sino-Russia border conflicts.
- 2.
The term ‘unequal treaties’ was first coined by the Chinese Nationalist Party (KMT). See Chiu 1972.
- 3.
Proclamation of President Sun Yat-sen on the Establishment of the Republic of China on 1 January 1912.
- 4.
For details, see Hsieh 2015.
- 5.
Treaties in Force: A List of Treaties and Other International Agreements of the United States in Force, US Department of State, https://www.state.gov/treaties-in-force/ (accessed 27 August 2019). After 1979, the US Federal Register includes only the reference number rather than the text of the ROC-US agreements.
- 6.
Chen 2003.
- 7.
Cheng 1964.
- 8.
Yuen-li Liang was listed as the Editor-in-Chief from Volume 7 (1970) to Volume 10 (1973) and Yi-ting Chang was primarily responsible for subsequent volumes of the Annals. Chen 2005.
- 9.
Bin Cheng is the son of Judge Cheng Tien-hsi of the Permanent Court of International Justice. His contributions include Bin Cheng (1981) Moon Treaty: Agreement Governing the Activities of States on the Moon and Other Celestial Bodies within the Solar System Other Than the Earth, December 18, 1979. 18 Annals of the Chinese Society of International Law 1 and Bin Cheng (1994–95) How Should We Study International Law? 13 Chinese Yearbook of International Law 214.
- 10.
The Chinese version of the Yearbook 中國國際法與事務年報 (with similar but different contents from the English version), which was published by Taiwan Commercial Press, includes 17 volumes from 1989 to 2003. Chiu also served as the first Editor-in-Chief.
- 11.
Based on the Taiwan Relations Act (22 U.S.C. § 3303 (2000)), the US court recognized that Taiwan is deemed ‘as if derecognition has not occurred.’ Dupont Circle Citizens Ass’n v. D.C. Bd. of Zoning Adjustment, 530 A.2d 1163, 1170 (D.C. 1987).
- 12.
Chang 1981.
- 13.
The funding contributed to the East Asian Legal Studies Program of the University of Maryland School of Law. Two full-time staff members and editors, Chih-Yu T. Wu and Yu-fan Li, were recruited to assist Hungdah Chiu. The predecessors to Wu and Li were Shirley Lay and Su Yun Chang.
- 14.
Introduction to the Chinese Society of International Law, 10 May 2014, https://www.csil.cn/News/Detail.aspx?AId=16, accessed 28 August 2019. In 1983, Beijing’s Chinese Society of International Law published the ‘Selected Articles from Chinese Yearbook of International Law’, which translated Volume 1 of their Yearbook into English. Subsequent volumes were not accompanied by English translations.
- 15.
Chinese Journal of International Law, https://academic.oup.com/chinesejil/issue/1/1, accessed 28 August 2019.
- 16.
Volume 19 (2001) is the first volume of the Yearbook that uses the revised title.
- 17.
Chen 2003, at 423. As of 2019, the People’s Republic of China has yet to accede to the International Law Association.
- 18.
Ma has been the Editor-in-Chief for Volume 23 (2005), which was published in 2007, to Volume 37 (2019), which is expected to be published in 2020.
- 19.
The agreement was concluded in 2007.
- 20.
The agreement was concluded in 2015.
- 21.
The two agreements were signed in 2007 and 2009, respectively, and continue to be implemented by Brill Publishers. HeinOnline also includes electronic files of the previous volumes of the Annals.
- 22.
- 23.
- 24.
- 25.
Cohen 2015.
- 26.
Chen 2007.
- 27.
Hsieh and Tsai 2010.
- 28.
13 Chinese Yearbook of International Law and Affairs 9, 10–14 (1994–95).
- 29.
16 Chinese Yearbook of International Law and Affairs 50, 62–79 (1997–98).
- 30.
29 Chinese (Taiwan) Yearbook of International Law and Affairs 172, 183–200 (2011).
- 31.
Yearbook editors, Chun-i Chen and Pasha L. Hsieh, served as Co-Chairs of the American Society of International Law-Pacific Rim Region Interest Group from 2016–18 and 2018–20, respectively. Recent research forums were organized with the Interest Group and financially supported by the Chinese (Taiwan) Society of International Law and NCCU.
- 32.
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Acknowledgements
We thank Professor Pei-Lun Tsai for participating in the Netherlands Yearbook of International Law—50th Anniversary Seminar in The Hague and Sicong Chen for his research assistance. Previous volumes of the Yearbook are available on the website of Brill Publishers: https://brill.com/view/serial/CTYB. Inquiries about the Yearbook and the chapter can be directed to yearbook@nccu.edu.tw.
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Ma, Yj., Chen, Ci., Hsieh, P.L. (2021). Chinese (Taiwan) Yearbook of International Law and Affairs: Contributing to the Grotian Moment in Asia. In: Spijkers, O., Werner, W.G., Wessel, R.A. (eds) Netherlands Yearbook of International Law 2019. Netherlands Yearbook of International Law, vol 50. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-403-7_9
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