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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20. Use of Force | India

(1,642 words)

Author(s): Kumar, A. Vinod
20.1 The Strategic and Legal Dimensions of India’s Nuclear No-First-Use PolicyClose to half-a-century after China declared its intention to pursue a policy of nuclear no-first-use (NFU), the idea that a nuclear weapon state (NWS) can commit to abstain from using nuclear weapons first during a conflict is yet to come of age. Consequently, the then superpowers also began espousing what was termed as ‘conditional’ no-first-use declarations, building upon proposals discussed during the negotiations for the Tr…
Source: Encyclopedia of Public International Law in Asia Online

20. Use of Force & Security | Japan

(5,529 words)

Author(s): Abe, Tatsuya | Mori, Tadashi
20.1 Shimoda CaseThe Shimoda case (Tokyo District Court, Judgment, December 7, 1963, 14 Kakyu Saibansho Minji Hanreishu [Lower Courts Reports (civil cases)] (12) 2435 [1963]) is the first judicial decision on the lawfulness of the use of atomic bombs. The plaintiffs, Ryuichi Shimoda, et al., residents of Hiroshima and Nagasaki, brought a judicial action against the defendant, the State of Japan, for damages they had suffered from the atomic bombings by the United States in August 1945. The Court dismissed the claim because the plaintiffs …
Source: Encyclopedia of Public International Law in Asia Online

20. Use or Threat of Force | Bangladesh

(2,706 words)

Author(s): Islam, M Rafiqul | Karim, Mohammad Ershadul
20.1 Use of Force as Self-Defence by the People of Bangladesh in 1971Bangladesh was known as East Pakistan, the eastern province of federal Pakistan. Since its independence in 1947, Pakistan held its first-ever national election in 1970. Awami League, the political party seeking autonomy for East Pakistan, won the election. This election result was seen a threat to the dominant power-base of West Pakistani military and political elites. In a bid to frustrate this constitutional process, the incumbent milita…
Source: Encyclopedia of Public International Law in Asia Online

20. Use or Threat of Force | Iran

(3,674 words)

Author(s): Abdollahi, Mohsen | Ghasemi, Gholamali | Ziaei, Yaser
20.1 Self-Defense Against Terrorist AttacksThe UN Charter and customary international law prohibites the use of force except in the case of the Security Council’s authorization and self-defence. Article 51 of the Charter recognizes the existence of ‘the inherent right of self-defence’ if an armed attack occurs against a Member of the United Nations. The Article is not clear about the origin of such an attack. Therefore, the question is whether Article 51 comprises armed attacked by or from a State? The answer is important since a terrorist attack is made from the territories of a Sta…
Source: Encyclopedia of Public International Law in Asia Online

20. Use or Threat of Force | Malaysia

(561 words)

Author(s): Zakri, Izura Masdina
20.1 Responses to Threats and Attacks: Responses to Threats and Cyber AttacksMalaysia has the Computer Crimes Act of 1997 (Act 563, 30 June 1997) and the Mutual Assistance in Criminal Matters Act of 2002 (Act 621, 30 May 2002) to deal with cybercrime. To a certain extent, the Penal Code (Act 574, 7 August 1997 with the first enactment (F.M.S. Cap 45) in 1936) and the Multimedia and Communications Act of 1998 (Act 588, 15 October 1998) are also applicable. Hacking and infecting computers with malware (virus…
Source: Encyclopedia of Public International Law in Asia Online

20. Use or Threat of Force | Mongolia

(1,163 words)

Author(s): Jargalsaikhan, Enkhsaikhan
20.1 Mongolia’s Nuclear-Weapon-Free Status Policy: Promoting Nuclear Non-Proliferation and Regional TrustDuring the East-West and Sino-Soviet Cold Wars in the second half of the 20th century, Mongolia, as the Soviet Union’s ally, firmly followed the latter’s foreign policy lines on almost all issues, including issues of war, peace and disarmament. When the Sino-Soviet dispute intensified in 1967, Mongolia agreed to the stationing of Soviet military bases on its territory. In 1969, following the violent Si…
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20. Use or Threat of Force | Philippines

(3,688 words)

Author(s): Malaya, J. Eduardo
20.1 National Defense and the War Renunciation ClauseThe three successive Constitutions of the Philippines have explicit provisions on the country’s policy with respect to the use or threat of force, or more precisely, war. The Article II, Section 3 of the 1935 Philippine Constitution stated that “[t]he Philippines renounces war as an instrument of national policy, and adopts the generally accepted principles of international law as part of the law of the Nation.” This provision was carried over to Art…
Source: Encyclopedia of Public International Law in Asia Online

20. Use or Threat of Force | Taiwan

(1,022 words)

Author(s): Jing, Yuan-Chou
20.1 Mutual Defense Treaty between USA and ROCThe Mutual Defense Treaty between the United States of America (USA) and the Republic of China (ROC) was a defense pact between the USA and the ROC signed on 2 December 1954, in Washington, D.C. and came into force on 3 March 1955. The treaty was terminated in 1979. It essentially prevented the People’s Republic of China (PRC) from taking over the island of Taiwan in this period of time.Taiwan’s security issue came from when the Chinese Communist Party (CCP) founded the PRC in the mainland after the Chinese Civil War in 1949…
Source: Encyclopedia of Public International Law in Asia Online