Encyclopedia of Public International Law in Asia Online

10.1 Cooperatives: Local Businesses, Global LawsThe International Labour Organization (ILO) Promotion of Cooperatives Recommendation, 2002 (No. 193) defines a cooperative as being “an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned and democratically controlled enterprise” (Paragraph 2). This is how cooperatives (also known as ‘co-operative societies’) are understood in Bangladesh, given that the la…

10.1 Individual Rights under a Normal State and under the State of ExceptionThe case of People of the Philippines v. Andre Marti (GR No. 81561, 18 January 1991), quoting the sponsorship speech of Constitutional Commissioner Joaquin Bernas S.J., encapsulates the primary philosophy behind individual rights protected by the Bill of Rights enshrined in Article III of the 1987 Philippine Constitution: …

10.1 Treatment of Non-State ActorsUntil the middle of the twentieth century, international law was seen almost exclusively as a system of law governing relations between states. With the possible exception of the League of Nations, states were the only ones recognised as possessing international legal personality. However, in its 1949 advisory opinion on Reparation for Injuries Suffered in the Service of the United Nations (1949 ICJ 174), the International Court of Justice (‘ICJ’) affirmed the international legal personality of the United Nations (‘UN’), ex…

10.1 Non-State Actors in International Law: The Sri Lankan ExperienceNon-state actors are not accorded the status of formal subjects under International Law. Regardless of this limitation, non-state actors have been granted the opportunity of participating in International Law processes. They participate at the United Nations (UN) level, through Article 71 of the UN Charter which states the following: “The Economic and Social Council may make suitable arrangements for consultation with nongovernmental or…

10.1 ROC MOFA Protests Malaysia’s Deportation of 21 ROC NationalsOn 29 November 2016, the ROC Ministry of Foreign Affairs issued the following press release to protest Malaysia’s deportation of ROC nationals to Mainland China.The Ministry of Foreign Affairs of the Republic of China (Taiwan) has expressed to the Malaysian government its profound regret regarding the deportation to mainland China of 21 ROC nationals allegedly involved in telecommunications fraud…

19.1 International Criminal Law and its Relevancy in BangladeshHuman history is littered with the commission of extraordinary criminal acts, notably war crimes, crimes against humanity, and genocide, with impunity for want of an established international criminal justice system. Such heinous criminal atrocities underscored over time the need for institutionalised international criminal law and justice, which has come to fruition in 1998 with the adoption of the Rome Convention 1998 as the Statute of the…

19.1 Anti-corruption Law and Policy in Central AsiaFor the countries of Central Asia – Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan – corruption is one of the most significant problems standing in the way of …

19.1 India and the International Criminal CourtIndia took part in the negotiations of the Statute of the International Criminal Court (ICC). However, because of several objections to the final outcome of the negotiations, India refused to become a party to the ICC Statute. While its active participation in the negations indicates its support to the ICC, its refusal to become a party to the Statute points to its objections to some of the important aspects of the Statute. These objections were pointed o…

19.1 Accession to ICC Rome StatuteIndonesia committed to ratifying the Rome Statute twice through the Presidential Decree No. 40/2004 on National Action Plan of Human Rights 2004–2009 (enacted 11 May 2004) and restated the same in the Presidential President Regulation No. 23/2011 on National Action Plan of Human Rights 2011–2014 (enacted 11 April 2011). Those two national action p…

19.1 Iranian Understanding of International Criminal LawThere are some disagreements among Iranian scholars regarding the definition of international criminal law. This derives from the difference between the English and French schools, but since most of the Iranian researchers have followed the French understanding of international criminal law, the classic definition adopted in most of the relevant resources is similar to the French one. Based on this fact, Iranian criminal lawyers, as well as those…

19.1 The Scope of Application of the Penal Code of JapanIn the context of criminal law, the application of domestic law is based primarily on territory (territoriality), and also on links between the subject of regulation and the regulating state. The links that are commonly reflected on the bases of application of criminal law of states are nationality of the perpetrators and victims (active personality and passive personality), the fundamental interests of states (protection), and the concerns of the international community (universality).The Penal Code of Japan (Act No. 4…

19.1 Accession to ICC Rome Statute19.1.1 Treaties to Which South Korea Is a Party and ImplementationThe Republic of Korea (South Korea) signed and ratified numerous treaties relating to international criminal law. First of all, South Korea signed the Rome Statute of the International Criminal Court on March 8, 2000 and ratified it on November 13, 2002 without any declaration and reservation. Thus, South Korea started being subject to the jurisdiction of the International Criminal Court over the crime of genocide, crimes against humanity, war crimes, and the crime of aggression on November 13, …

19.1 Treaties and Their ImplementationThe 1992 Constitution of Mongolia provides that “the international treaties, to which Mongolia is a party, shall become effective as domestic legislation upon the entry into force of the laws or on their …

19.1 The Philippines and the Rome Statute: History, Membership, and WithdrawalThe history of the signing and ratification by the Philippines of the Rome Statute of the International Criminal Court (Rome Statute) was not as tumultuous as the experience of many States who are now States Parties to the treaty. The Philippines actively participated in the drafting of the Rome Statute, a treaty which was adopted by 120 States in 1998 and, after at least 60 ratifications from States, took effect in 2002. In her…

19.1 Pre-Independence War Crimes TrialsInternational criminal law (‘ICL’) made its mark on pre-independence Singapore since, in the post-Second World War (‘WWII’) period, Singapore was one of the locations in Asia where war crimes trials were held. From 1946 to 1948, the British tried over 400 accused linked to the Japanese military for war crimes committed in Singapore and other parts of Asia, the highest ranked of whom were lieutenant-generals and a vice-admiral, though majority held low to mid-levels of responsibility.In a significant decision demonstrating the wide-ranging borderless application of the growing doctrine of universal jurisdiction, the British military court in Singapore sentenced to death a member of the Japanese army, Tomono Shimio, for unlawfully killing American prisoners-of-war in Saigon, which was part of French Indochina at the time. This decision was cited by the Supreme Court of Israel in the leading case involving Nazi war …

19.1 Relevance of International Criminal Law as Applied in Sri LankaThe applicability of International Criminal Law (ICL) has often been determined in world’s history through the adoption of specific statutes governing ICL and the establishment of situation specific special courts ( ad hoc courts). This approach was changed in early 21st millennium by the adoption of the Rome Statute and the establishment of the International Criminal Court on 1 July 2002. Even though 122 countries are States parties to the Rome Statute as at 2019, Sri …

19.1 Taiwan’s Practice in Anti-Money LaunderingAccording to the US Treasury, Money laundering is the process of making illegally-gained proceeds (i.e. “dirty money”) appear legal (i.e. “clean money”). In other words, money laundering is the process of transferring proceeds derived from criminal activity in…

19.1 Laws Concerning Terrorist Activities in ThailandTerrorism has been one of the most significant problematic issues around the whole globe. It is accepted as an international crime against the international public order, known as delicta juris gentium, which threatens human security, injures the universal conscience, and harms human dignity. The international community has been threatened by terrorist acts in every region around the world, particularly in Southeast Asia. To combat terrorism, international law has been shaped by terrorist events…

19.1 Criminal JurisdictionUnder Vietnamese law, territorial jurisdiction is recognized and generally exerc…

12.1 Optional Clause Declaration: 1958, 2007, 2015Japan became a Party to the Statute of the International Court of Justice (ICJ) in 1954 and acceded to the United Nations (UN) in 1956. Thereafter, since 1958, Japan has consistently deposited with the UN Secretary-General an optional clause declaration in relation to the jurisdiction of the ICJ, pursuant to Article 36(2) of the ICJ Statute. Japan amended its declaration on two occasions, namely, in 2007 and 2015. As one of the 73 States which have dep…