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AIIB Yearbook of International Law

AIIB Yearbook of International Law


AIIB Yearbook of International Law

Legitimating Global Governance in Challenging Times

Suk Kyoon Kim

ISSN: 2590-2822

The AIIB Yearbook of International Law (AYIL) is an annual legal publication in furtherance of the purpose of the Asian Infrastructure Investment Bank, namely to foster sustainable economic development, create wealth and improve infrastructure connectivity in Asia by investing in infrastructure and other productive sectors, together with promoting regional cooperation and partnership in addressing development challenges. In doing this, the AIIB’s Office of the General Counsel, responsible for the Yearbook, looks outwards and embraces the larger responsibilities that befall a modern organization owned primarily by states, substantially supported by public funds and with the potential to impact on the lives of many. Those responsibilities include the obligation to share what we learn, the successes we celebrate and the failures we suffer, so that others may benefit from that experience.
Because it is not only experience that informs knowledge, the AIIB will also wish to offer, for the critical consideration of others, new ways of thinking about difficult issues with which international organizations and the wider legal community must contend. Some of those issues will be recurrent, sometimes being seemingly intractable. Assuredly, as yet unknown challenges also lie ahead, about what role law does, can and ought to play in empowering and constraining international organizations and others in the pursuit of societal objectives.
The search for answers, in the international legal sphere as elsewhere, will always draw us forwards together. Through this Yearbook, the AIIB strives to make some modest contribution to legal knowledge and understanding, not only by drawing on its own experiences and insights, but by offering a platform for others to develop and rigorously test ideas on matters of common interest and for the AIIB to disseminate them. In this endeavor, we all stand to gain with the enlargement of public goods.


List of Illustrations

1 Defining Maritime Safety and Security
 I  Safe Uses of the Sea
 II  Understanding of Maritime Safety and Security
 III  Maritime Safety and Security Domains

2 Legal Framework for Maritime Safety and Security and IMO Law-Making
 I  Introduction
 II  Legal Framework for Maritime Safety and Security in the UNCLOS
 III  Institutional Structure of the IMO and Its Roles
 IV  The IMO International Law-Making Process
 V  Enforcement by Flag, Coastal, and Port State
 VI  Status of IMO Conventions and Related Legal Instruments
 VII  Conclusion

3 Safety of Navigation and Port State Control
 I  Introduction
 II  Principal Regulations Governing the Safety of Navigation
 III  Ships and Navigational Safety Measures
 IV  Safety Measures to Prevent Marine Pollution
 V  Overview of Port State Control
 VI  Regional PSC Regimes
 VII  Conclusion

4 Maritime Terrorism and the SUA Convention Regime
 I  Introduction
 II  The Nature of Maritime Terrorism
 III  Objectives and Methods of Maritime Terrorism
 IV  Maritime Terrorist Organizations
 V  The SUA Convention Regime
 VI  Conclusion

5 Contemporary Piracy: Nature and Reality
 I  Emergence of Contemporary Piracy
 II  Definitions of Piracy and their Distinction from other Unlawful Acts at Sea
 III  Typology of Contemporary Piracy
 IV  Aspects of Contemporary Piracy Attacks: Trends, Features and Violence
 V  Costs of Piracy
 VI  Global Counter-Piracy Efforts and Policy Reponses
 VII  Efforts of East Asian Countries to Combat Piracy
 VIII  Conclusion

6 ISPS Code and Port & Cargo Container Security
 I  Introduction
 II  Adoption of the ISPS Code
 III  Regulations of the ISPS Code
 IV  Implementation of the ISPS Code of East Asian Countries
 V  U.S. Maritime Security Legislations
 VI  U.S. Port and Cargo Container Security Programs
 VII  Conclusion

7 Enforcement of Proliferation Security Initiative ( PSI ) and Challenges
 I  Evolution of the Proliferation Security Initiative
 II  Nature of the PSI
 III  Interdiction Principles and Participation in the PSI
 IV  The PSI and International Law
 V  Enforcement of Interdictions
 VI  Challenges to the PSI
 VII  Conclusion

8 Growing Roles of Coast Guards in East Asia
 I  Introduction
 II  Overview of Coast Guards in East Asia
 III  Roles and Duties of Coast Guards
 IV  Status of Coast Guard Ships in International Law: Rights and Responsibilities
 V  Build-Ups of Coast Guards in East Asia
 VI  Reinforcement of Major Coast Guards in East Asia
 VII  Conclusion

9 Conclusion



International Organizations and the Promotion of Effective Dispute Resolution
AIIB Yearbook of International Law 2019
Volume 2
Editor(s): Peter Quayle and Xuan Gao
Publication Date: 26 Jun 2019

Good Governance and Modern International Financial Institutions
AIIB Yearbook of International Law 2018
Volume 1
Editor(s): Peter Quayle and Xuan Gao
Publication Date: 01 Jul 2019

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