[FN25]. See Tan, 53 Intl & Comp L Q at 965 (cited in note 19) ("There is a lack of what is termed the 'nucleus', like the German[y]-France axis in the EU and the 'nucleus' role played by the US in NAFTA.").
[FN26]. Cheow, 5.2 China Brief ง 3 (cited in note 4).
[FN27]. Id.
[FN28]. Hisane Masaki, China, Japan Tug-of-War over Indochina, Asia Times (Oct 5, 2005), available online at <http:// www.atimes.com/atimes/Japan/GJ05Dh03.html> (visited Jan 15, 2007).
[FN29]. Cheow, 5.2 China Brief (cited in note 4).
[FN30]. Dichter, 16 U Pa J Intl Bus L at 102 (cited in note 12).
[FN31]. Id at 106.
[FN32]. Id at 99-100.
[FN33]. Lyou, 11 Ind J Global Legal Studies at 260 (cited in note 24).
[FN34]. Id.
[FN35]. Qingjiang Kong, China's WTO Accession and the ASEAN-China Free Trade Area: The Perspective of a Chinese Lawyer, 7 J Intl Econ L 839, 843 (2004).
[FN36]. Id at 842-43.
[FN37]. Id at 844.
[FN38]. Joint Declaration of ASEAN and China on Cooperation in the Field of Non-Traditional Security Issues, art II(1) (Nov 4, 2002), available online at < http://www.aseansec.org/13186.htm> (visited Jan 15, 2007).
[FN39]. Declaration on the Conduct of Parties in the South China Sea, decl 3-5 (Nov 4, 2002), available online at <http://www.aseansec.org/13165.htm> (visited Jan 15, 2007).
[FN40]. Kong, 7 J Intl Econ L at 846 (cited in note 35). China has already demonstrated its refusal to follow the political rules of other countries. For example, in his speech at Yale University in April 2006, President Hu Jintao, though he sought to suppress apprehension about the effects of China's ascendancy, was adamant that China would not follow US instructions for political development, stating in Chinese, "On one hand, we are ready and willing to draw on the useful experience of foreign countries. On the other hand, we will not simply copy the political models of other countries." See Joseph Kahn, In Hu's Visit to the U.S., Small Gaffes May Overshadow Small Gains, NY Times A8 (Apr 22, 2006).
[FN41]. See Norimitsu Onishi, Ugly Images of Asian Rivals become Best Sellers in Japan, NY Times A1 (Nov 19, 2005) ("Today, China and South Korea's rise to challenge Japan's position as Asia's economic, diplomatic, and cultural leader is inspiring renewed xenophobia against them here.").
[FN42]. Dichter 16 U Pa J Intl Bus L at 149 (cited in note 12); Fischer, 13 Duke J Comp & Intl L at 359 (cited in note 11).
[FN43]. Dichter, 16 U Pa J Intl Bus L at 149 (cited in note 12).
[FN44]. Lyou, 11 Ind J Global Legal Studies at 265 (cited in note 24).
[FN45]. Joint Declaration of the Leaders of ASEAN and Japan on the Comprehensive Economic Partnership, decl 4 (Nov 5, 2002), available online at < http://www.aseansec.org/13191.htm> (visited Jan 15, 2007).
[FN46]. See Nohyoung Park, Overview on the State of WTO Dispute Settlement Involving the ASEAN+3, in Mitsuo Matsushita and Dukgeun Ahn, eds, WTO and East Asia: New Perspectives 241, 242 (Cameron May 2004) ("After China agreed to create an FTA with the ASEAN, Japan became concerned about the possibility of losing leadership over the East Asia economic integration. Therefore, Japan promptly agreed to an FTA with Singapore...."). The full text of the agreement is available online at <http://www.meti.go.jp/english/report/data/gJ-SFTA1e.pdf> (visited Jan 15, 2007).
[FN47]. Lyou, 11 Ind J Global Legal Studies at 265 (cited in note 24).
[FN48]. Masaki, China, Japan Tug-of-War, Asia Times ง 2 (cited in note 28).
[FN49]. Id ง 5.
[FN50]. Tan, 53 Intl & Comp L Q at 942 (cited in note 19).
[FN51]. Id at 943.
[FN52]. See Masaki, China, Japan Tug-of-War, Asia Times ง 43 (cited in note 28) ("Amid growing talk of creating an [EAC] in recent years, Japan and China have been jockeying for the leadership role in what will be the long and arduous process of community building. And the two Asian powers have competed for stronger and closer ties with ASEAN.").
[FN53]. Id ง ง 32, 33.
[FN54]. Id ง ง 34, 35.
[FN55]. Id ง 36.
[FN56]. Id ง ง 37, 38.
[FN57]. Japan-China Row Turns to Taiwan, BBC News (Mar 9, 2006), available online at <http://news.bbc.co.uk/2/hi/asia-pacific/4789072.stm> (visited Jan 15, 2007). |