Asian Yearbook of International Law 2001 Asian Yearbook of International Law

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, Bangkok) Sompong Sucharitkul (San Francisco) 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: Prof Kriangsak Kittichaisaree 35/304 Noble House Phayathai Bldg., 27th Floor (27C), Phayathai Road, Ratchataevee, Bangkok 10400, Thailand e-mail: kriangsakkitt@hotmail.com For Yearbook matters: Prof Surya P Subedi, OBE Manorside, Barnet, London EN5 2LD, United Kingdom e-mail: s.p.subedi@leeds.ac.uk 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 © 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 Park Ki-Gab, Seoul Mochtar Kusuma-Atmadja, Jakarta Roy S Lee, New York Nguyen Hong Thao, Hanoi R Pangalangan, Manila Datuk Wira Lal C Vohrah, Kuala Lumpur Xue Hanqin, The Hague Onuma Yasuaki, Tokyo Matsui Yoshiro, Kyoto Abdulqawi A Yusuf, Paris Editorial Board Antony Anghie, Salt Lake City B.S Chimni, New Delhi Rahmatullah Khan, New Delhi Kim Charn Kiu, Seoul Ko Swan Sik, The Hague Kriangsak Kittichaisaree, Bangkok Li Zhaojie, Beijing R.P.M Lotilla, Manila Miyoshi Masahiro, Nagoya Nakatani Kazuhiro, Tokyo Mariko Kawano, Tokyo M.C.W Pinto, The Hague S.J Seifi, Tehran Surya P Subedi, London Sompong Sucharitkul, San Francisco K Tan Yew Lee, Singapore K.I Vibhute, Pune Associate Editor Karin Arts The Hague National Correspondents Surendra Bhandari, Nepal Camena Guneratne, Sri Lanka V.G Hegde, India Okada Izumi, Japan Hikmahanto Juwana, Indonesia Tahmina Karimova, Tajikistan Yakushiji Kimio, Japan A.F.M Maniruzzaman, Bangladesh Javaid Rehman, Pakistan Harry Roque Jr, Philippines Azmi Sharom, Malaysia Soh Tze Bian, Singapore Patcharapa Thawinyarti, Thailand Eric Yong-Joong Lee, Korea Ghasim Zamani, Iran 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 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 Tahmina Karimova, Universal permissive jurisdiction for the violation of Common Article to the Geneva Conventions for the Protection of the Victims of War of 12 August 1949 95 125 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 · Bangladesh · India vii 167 167 170 Asian Yearbook of International Law viii · · · · · · · · · · – Indonesia Japan Korea Malaysia Nepal Pakistan Philippines Sri Lanka Tajikistan Thailand Participation in multilateral treaties 180 189 195 200 205 208 210 232 240 249 265 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 Survey of literature 407 419 Index General information 435 447 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 Westcentric 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 degradation 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