Encyclopedia of Public International Law in Asia Online
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Subject: Law
General Editor: Seokwoo Lee
Incorporating the work of numerous leading scholars, the Encyclopedia of Public International Law in Asia Online provides a detailed description of the practice and implementation of international law in various Asian states. The Encyclopedia covers the introduction of Western international law and the resulting shift from the older Asian order; the development of modern international law; and the impact that all of this has had on Asian states. Each jurisdiction included in the Encyclopedia follows a standard structure for the broadest comparative advantage and starts with a Country Snapshot (Date of Independence, Date of Admission to the United Nations, Geographical Size, Population, Demographic Information, Form of Government, System of Law), followed by a State Report Overview (Executive summary of state report, Key highlights of unique state practice).
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1. History & Theoretical Approach | Bangladesh
(2,740 words)
1.1 Constitutional Status of International Law in BangladeshDespite the fact that Bangladesh could not acquire membership of the UN until 1974, both the UN Charter and the International Bill of Rights (comprising the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) deeply influenced the drafting of the Constitution of Bangladesh. The Constitution of Bangladesh encompasses a multitude of hu…
1. History & Theoretical Approach | Central Asia
(861 words)
1.1 The Application of International Law in Central Asian CountriesSince the dissolution of the Soviet Union in 1991, Central Asian countries (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan) have been recognized as independent actors in international relations with the capacity to enter into international commitments with other states and international organizations. Central Asian countries have become members of the United Nations on 2 March 1992. They have also concluded numerous multi…
1. History & Theoretical Approaches | China
(1,110 words)
1.1 China’s General Approach to International LawInternational law was systematically introduced into China in the 19th century, shortly following the Opium War, though arguably there was also some rudimentary form of international law in ancient China, especially in the so-called Period of Spring and Autumn (722–476 BC) and Period Warring States (476–221 BC) in pre-imperial China. China’s initial encounter with modern Eurocentric international law was widely known to be a bitter experience because of…
1. History & Theoretical Approaches | India
(4,913 words)
1.1 India and the Development of Modern International LawIndia’s engagement with modern international law is not fixed in time or context; rather, it can be located within the diverse political trajectory. India’s contribution to the development of modern international law naturally follows India’s engagement with it over the years. For the sake of brevity and precision, it can be broadly divided into four stages – colonial India, decolonisation and early years, the period of reformative quests and emergence as a dominant player.It can be said that India’s first interaction …
1. History & Theoretical Approach | Iran
(13,226 words)
1.1 Contemporary Approaches to International Law (1800–1979)1.1.1 IntroductionIran’s pre-Islamic Sassanid Empire, which extended in South-West Asia from the Sind to the Mediterranean, collapsed under the weight of the invading Arab-Islamic forces and effectively ended in 651 AC when the last King of the Empire was killed. The defeat and occupation deprived Iran of a full level of independence, national unity, and territorial integrity and brought it under the dominance of the Caliphates in Baghdad and …
1. History & Theoretical Approach | Mongolia
(3,009 words)
1.1 History of the Interactions between Mongolia and International Law and International CommunityGeographical location has always played an important role in the statehood of Mongolia. Mongolia’s closed, landlocked location is one of the main key factors in terms of nomadic lifestyle significant development in the steppe. This has led Mongolians to emphasize trade in their foreign relations. On the other hand, the principles of non-discrimination, equality, and fairness, which are special attributes of the…
1. History & Theoretical Approach of Indonesia in International Law | Indonesia
(3,349 words)
1.1 Indonesia’s Approach to ‘Law’ and ‘International Law’The dramatic downfall of President Soeharto in 1998 marked the Indonesian government’s (the GoI) renewed approach to international law. Indeed, Indonesia has interacted with international law soon before its inception into the international community as a sovereign state despite experiencing challenges to its sovereignty and statehood. Nevertheless, its participation in various international institutions and agreements concerning governmental ref…
1. History & Theoretical Approach of Korea in International Law
(11,576 words)
1.1 History of the Interactions between State and International Law and International Community1.1.1 International Order of East Asia and the Status of Korea under International Law in the Era of International Law AcceptanceBefore
‘Jus Publicum Europaeum’ was introduced to East Asia, there existed an ‘international’ regional normative system which regulated the relations between or among China and the many political entities around it such as Korea, Japan, Viet Nam etc. This regional normative system was called the ‘Sinocentric order.’The Sinocentric order was based on Si…
1. History & Theoretical Approach of Singapore in International Law
(3,942 words)
1.1 History of Early Interactions between Singapore and International Law and the International Community1.1.1 The Pre-Colonial PeriodLocated in archipelagic Southeast Asia, Singapore has historically been part of various Asian empires that ruled the region. The Buddhist Sri Vijaya Empire – which lasted from about 650 to about 1377 – was one of the earliest known empires in the region. Based in what is now Palembang on the island of Sumatra in present-day Indonesia, Sri Vijaya exerted an influence over the whol…
1. History & Theoretical Approach of Thailand in International Law
(1,057 words)
1.1 The King Ram Khamhaeng Inscription and International LawWhile Prince Mongkut (later King Rama IV) of Siam was in the Buddhist monkhood, he discovered a stone inscription during his visit to the ancient city of Sukhothai in 1833. After commencing a transliteration of the inscription, he realized that it had been written by King Ram Khamhaeng in 1292. This inscription is the oldest known writing in the Thai language, and it provides valuable information on several major themes of ancient Thai history and culture.The inscription is engraved on a stela, a four-sided stone pill…
1. History & Theoretical Approach | Philippines
(6,257 words)
1.1 Philippine Contributions to the Development of International LawEven before attaining independence in 1946, the Philippines has been actively engaged with the community of nations and made significant contributions to the progressive development of international law. While then still a Commonwealth Government, the Philippines participated in the United Nations (UN) Conference on International Organization in San Francisco that drafted the Charter of the United Nations (UN Charter). The Philippines w…
1. History & Theoretical Approach | Sri Lanka
(6,521 words)
1.1 History of the Interactions between Sri Lanka and International Law and the International CommunitySri Lanka has been maintaining significant international diplomatic and trade relations for a long period of time. Such relations are mixed in nature, which include both positive and negative interactions with the international community. Parts of Sri Lanka were also under foreign occupation from time to time, and during those periods of occupation and/or colonization, particularly within the last 500 years,…
1. History & Theoretical Approach | Taiwan
(826 words)
1.1 Taiwan and Treaty of ShimonosekiAfter the 1894–95 Sino-Japanese War, both China and Japan signed the Treaty of Shimonoseki on 17 April 1895. This treaty was enforced on 8 May 1895.Ultimately, the Treaty determined Taiwan’s fate. The Treaty’s Article 2 required China to cede to Japan certain territories that included: “(1) the Liaodong Peninsula, (2) the island of Formosa, together with all islands appertaining or belonging to the said island of Formosa, (3) the Pescadores Group, that is to say, all islands lying between …
1. History & Theoretical Approach | Viet Nam
(425 words)
1.1 Status of International Law in Viet Nam’s Domestic Legal SystemViet Nam’s Constitution 2013, Article 12, affirms Viet Nam’s commitment to comply with the UN Charter and treaties to which it is a party. Article 6(1) of the 2016 Viet Nam Law of Treaties (hereinafter Law of Treaties) provides that ‘[i]n cases of conflict between a legal document and a treaty to which Viet Nam is a party, the provisions of the treaty shall prevail, except for the Constitution’. This implies a hierarchy, with the Constitut…