Encyclopedia of Public International Law in Asia Online

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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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3. Territory | Japan

(5,298 words)

Author(s): Hamamoto, Shotaro | Fukamachi, Tomoko
3.1 Northern TerritoriesThe “Northern Territories” is the Japanese appellation of a group of islands situated off the northeast coast of the Nemuro Peninsula, which extends from the east coast of Hokkaido, the northernmost main island of Japan. They comprise Habomai (which is itself a group of islands), Shikotan, Kunashiri (“Kunashir” in Russian), and Etorofu (“Iturup” in Russian). Both Japan and the Russian Federation assert sovereignty over them. From the Russian perspective, these islands const…

3. Territory & Jurisdiction | Bangladesh

(1,916 words)

Author(s): Haque, Muhammad Ekramul | Supan, Quazi Mahfujul Hoque
3.1 Land Boundary Agreement between Bangladesh and IndiaIn order to complete the boundary demarcation process, an Agreement was concluded between Bangladesh and India on May 16, 1974. The title of the agreement was: Agreement between the Government of the People’s Republic of Bangladesh and the Government of the Republic of India Concerning the Demarcation of the Land Boundary between Bangladesh and India and Related Matters. However, the treaty did not become effective at once as article 5 of the trea…

3. Territory & Jurisdiction | China

(1,410 words)

Author(s): Ling, Bing
3.1 Chinese Position on Territorial and Extra-Territorial JurisdictionIn line with China’s overall emphasis on territorial sovereignty and non-interference with internal affairs, the Chinese position on state jurisdiction has been generally to uphold the territoriality of jurisdiction and disfavor extraterritorial jurisdiction. This approach was made particularly clear in the 2016 Russo-Chinese Declaration on the Promotion of International Law, which states that both Russia and China “condemn extraterr…

3. Territory & Jurisdiction | India

(9,493 words)

Author(s): Babu, R Rajesh | Hingorani, Aman | Babu, R. Rajesh
3.1 India’s Territory and Territorial Disputes: An OverviewIndia has a land boundary of about 15,106.7 km and coastline of 7,516.6 km, including island territories. The land boundaries with Afghanistan is 106 km; with Bangladesh is 4096.70 km running along the states of West Bengal, Assam, Meghalaya, Tripura and Mizoram; with Bhutan is 699 km running along the states of Sikkim, West Bengal, Assam and Arunachal Pradesh; with China is 3488 km running along the Union Territory of Ladakh, Himachal Pradesh,…

3. Territory & Jurisdiction | Indonesia

(5,678 words)

Author(s): Maskun | Arifin, Saru | Afriansyah, Arie | Zuria, Azura
3.1 Authority and Sovereignty over TerritoryThe concept of state sovereignty is the highest power of a country. Nevertheless, state sovereignty only applies to people, objects, and events within the territorial boundaries of the countries concerned. In other words, sovereignty is limited to another country’s territorial boundaries. This means that a country only has the authority to carry out its government in the areas that have become part of its power.The concept of state sovereignty for Indonesia is regulated in Law No. 43 of 2008 concerning State Territories…

3. Territory & Jurisdiction | Iran

(776 words)

Author(s): Seifi, Jamal
3.1 State JurisdictionState jurisdiction is the power of a State under international law to govern persons and property by its municipal law. It includes both power to prescribe rules, i.e., the prescriptive jurisdiction and the power to enforce them, i.e., the enforcement jurisdiction. As concerns criminal jurisdiction, State practice is based on one or more of the following five principles though not all of them enjoy the same level of acceptance, and there are extensive variations in detail and…

3. Territory & Jurisdiction | Korea

(10,053 words)

Author(s): Lee, Seokwoo | Hyun, Daesong | Park, Young-Kil
3.1 Authority and Sovereignty over Territory3.1.1 International Law on Territorial Disputes and Historical CriticismTerminology and context become important here. Fundamental questions that relate to other East Asian territorial issues need to be asked, such as: Did the legal concepts or systems of territorial acquisition exist at the material time? Assuming they did, what kind of role do they play in the resolution of relevant disputes today? If they do play a role, what effect will the significant factual …

3. Territory & Jurisdiction | Philippines

(5,059 words)

Author(s): Santos, Bertrand Theodor | Benosa, Maria Emilynda Jeddahlyn Pia V. | Casis, Rommel J. | Fernandez, Jena Veronica | Miñano, Sheigne Alvir M.
3.1 Overview of Philippine Territory and JurisdictionThe Philippines first defined the extent of its territorial limits in Art. 1 of the 1935 Philippine Constitution. This Constitution was written on authority of the Philippine Independence Act (Tydings-McDuffie Act), a United States statute providing for a 10-year transition period under a Commonwealth Government and the subsequent grant by the United States of Philippine independence on 4 July 1946. In drafting the 1935 Constitution, the framers sou…

3. Territory & Jurisdiction | Singapore

(6,074 words)

Author(s): Tan, Kevin YL
3.1 Authority and Sovereignty over TerritoryThe evolution of Singapore as a sovereign territory has been dealt with in 2.1 Evolution and Creation of Singapore, above. In summary, the territory of Singapore was, together with the Malay states of Johor and Pahang, cleaved out of the old Johor-Riau-Lingga Sultanate in 1824, following the Anglo-Dutch Treaty between the British and the Dutch. Almost immediately after the Treaty was signed, Britain purchased Singapore outright from Sultan Hussein and Temen…

3. Territory & Jurisdiction | Sri Lanka

(3,304 words)

Author(s): Wickramasinghe, Bhagya | Mendis, Nishara
3.1 Authority and Sovereignty over TerritoryJurisdiction is one of the defining aspects of state sovereignty, which allow states to give effect to the sovereignty by empowering the states to affect the persons, properties, incidents and circumstances within their territory which can be exercised through the legislature, executive and the judiciary. The international law of jurisdiction is mainly developed through and applied by domestic courts and regulators, with only little guidance given by international courts.Sovereignty however not only serves as an enabling co…

3. Territory & Jurisdiction | Taiwan

(3,476 words)

Author(s): Tsai, Chi-Ting | Wang, Kuan-Hsiung
3.1 Taiwan’s Maritime ClaimsTaiwan has declared its baselines in 1999 by the Executive Yuan (The First Part of the Baselines of the Territorial Sea of Taiwan, Executive Yuan, 18 November 1999). It should be noticed that it is implied in this instrument that the listed baselines are not complete. In fact, although Taiwan has territorial claims in the South China Sea, except the Pratas and Scarborough Shoal, no baseline has been drawn in the South China Sea. The Law on the Exclusive Economic Zone and…

3. Territory & Jurisdiction | Thailand

(654 words)

Author(s): Jayangakula, Kitti
3.1 The Border Dispute over the Temple of Preah Vihear between Thailand and CambodiaThe Temple of Preah Vihear is an ancient sanctuary and shire built during the reign of the Khmer Empire situated on the borders of Thailand and Cambodia, between the Preah Vihear province of northern Cambodia and Sisaket province of North-eastern Thailand. The Temple is located on the Dangrek mountain range which roughly forms the boundary between both countries.In 1904, France (Cambodia, the French Protectorate) and Siam entered into a treaty, which stipulated, in Article 1, that …