Pub Date : 2023-05-19DOI: 10.1163/22134484-12340173
Seokwoo Lee
Abstract The lawsuit in this case re Comfort Women Victims was brought to recover damages for the sovereign act of the Defendant, a foreign State, which is unlawful; therefore, Seoul Central District Court rejected it and rendered a judgment as in the Order.
{"title":"Korean Judicial Decision","authors":"Seokwoo Lee","doi":"10.1163/22134484-12340173","DOIUrl":"https://doi.org/10.1163/22134484-12340173","url":null,"abstract":"Abstract The lawsuit in this case re Comfort Women Victims was brought to recover damages for the sovereign act of the Defendant, a foreign State, which is unlawful; therefore, Seoul Central District Court rejected it and rendered a judgment as in the Order.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135674892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-19DOI: 10.1163/22134484-12340174
Seokwoo Lee
Abstract The Judgment Debtor shall submit a property catalog stating the status of the property on the date for specification of property due to the Ex officio Judgment on the Legality of the Application for Compulsory Execution.
【摘要】判决债务人应当提交财产目录，载明因申请强制执行合法性依职权判决而指明财产之日该财产的状况。
{"title":"Korean Judicial Decision","authors":"Seokwoo Lee","doi":"10.1163/22134484-12340174","DOIUrl":"https://doi.org/10.1163/22134484-12340174","url":null,"abstract":"Abstract The Judgment Debtor shall submit a property catalog stating the status of the property on the date for specification of property due to the Ex officio Judgment on the Legality of the Application for Compulsory Execution.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135674893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-22DOI: 10.1163/22134484-12340168
A. Kim, Seryon Lee
Over the past decade, the development and dynamics of international law have been prominent. The Korean Journal of International and Comparative Law (KJICL) played an active role in providing relevant and significant topics and issues of international law in its journal. The year 2022 marks the 10th anniversary of the KJICL. On this special occasion, we looked back on the key milestones in the journal’s history and explored the works of international law scholars and practitioners from around the world on a broad range of topics in international law. KJICL has reflected the developments and changes in international law by providing analysis and insights on timely topics and addressing the issues pertaining to Korea. The following highlights the distinctive and valuable works featured in KJICL over the last decade.
{"title":"Retracing the Works of KJICL: A Decade’s Journey","authors":"A. Kim, Seryon Lee","doi":"10.1163/22134484-12340168","DOIUrl":"https://doi.org/10.1163/22134484-12340168","url":null,"abstract":"\u0000Over the past decade, the development and dynamics of international law have been prominent. The Korean Journal of International and Comparative Law (KJICL) played an active role in providing relevant and significant topics and issues of international law in its journal. The year 2022 marks the 10th anniversary of the KJICL. On this special occasion, we looked back on the key milestones in the journal’s history and explored the works of international law scholars and practitioners from around the world on a broad range of topics in international law. KJICL has reflected the developments and changes in international law by providing analysis and insights on timely topics and addressing the issues pertaining to Korea. The following highlights the distinctive and valuable works featured in KJICL over the last decade.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133740172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-22DOI: 10.1163/22134484-12340169
Jinyul Ju
South Korea (Republic of Korea, ROK) and Japan have been suffering the vicious circle of serious conflicts concerning South Koreans’ tort claims. Even if two Korean emperors were compelled by Japan in 1905 and 1910, without proving the existence of customary international law prohibiting forced annexation in the early 20th century, the 1910 Annexation Treaty can not become invalid. Even if the 1910 Annexation Treaty was invalid, among other things, the 1951 Peace Treaty can be the evidence of the Japanese rule (1910–1945) being a fait accompli. Even if the Japanese rule was illegal, the issues of South Korean tort claims were already settled by the 1965 Claims Agreement and/or the 2015 Agreement. The ROK government should acknowledge its legal responsibility to satisfy South Korean claims including the so-called Comfort Women victims under the related agreements with Japan. In regard to other issues such as sexual slavery and/or Crime against Humanity, if a diplomatic solution is not available to the ROK and Japan, the two countries should better agree to submit the issues before an ad hoc international tribunal or the ICJ. This would be the only way to break the vicious circle.
{"title":"A Positive International Law Approach to the South Korea–Japan Conflicts: Breaking the Vicious Circle","authors":"Jinyul Ju","doi":"10.1163/22134484-12340169","DOIUrl":"https://doi.org/10.1163/22134484-12340169","url":null,"abstract":"\u0000South Korea (Republic of Korea, ROK) and Japan have been suffering the vicious circle of serious conflicts concerning South Koreans’ tort claims. Even if two Korean emperors were compelled by Japan in 1905 and 1910, without proving the existence of customary international law prohibiting forced annexation in the early 20th century, the 1910 Annexation Treaty can not become invalid. Even if the 1910 Annexation Treaty was invalid, among other things, the 1951 Peace Treaty can be the evidence of the Japanese rule (1910–1945) being a fait accompli. Even if the Japanese rule was illegal, the issues of South Korean tort claims were already settled by the 1965 Claims Agreement and/or the 2015 Agreement. The ROK government should acknowledge its legal responsibility to satisfy South Korean claims including the so-called Comfort Women victims under the related agreements with Japan. In regard to other issues such as sexual slavery and/or Crime against Humanity, if a diplomatic solution is not available to the ROK and Japan, the two countries should better agree to submit the issues before an ad hoc international tribunal or the ICJ. This would be the only way to break the vicious circle.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122236166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-22DOI: 10.1163/22134484-12340170
P. Verlaan
With examples drawn primarily from the Law of the Sea Convention, this paper examines potential issues arising under international law facing environmental treaty development and implementation for our natural/physical world where human-imposed jurisdictional boundaries, such as “high seas,” are scientifically irrelevant and may even be potentially detrimental to achieving the admirable environmental objectives sought by these treaties. In this context it explores legal pitfalls produced by well-meaning but often inadequately advised attempts to incorporate incompletely understood scientific concepts and terminology, such as “biodiversity,” in, and/or impose them on, environmental treaties. It considers potential adverse effects on the environment, the rule of law and the development of sound science to support environmental treaties when implementation of existing treaty provisions for environmental protection is neglected.
{"title":"The Interface of Science and Law: Protecting, Preserving and Conserving Biodiversity with the Law of the Sea Convention","authors":"P. Verlaan","doi":"10.1163/22134484-12340170","DOIUrl":"https://doi.org/10.1163/22134484-12340170","url":null,"abstract":"\u0000With examples drawn primarily from the Law of the Sea Convention, this paper examines potential issues arising under international law facing environmental treaty development and implementation for our natural/physical world where human-imposed jurisdictional boundaries, such as “high seas,” are scientifically irrelevant and may even be potentially detrimental to achieving the admirable environmental objectives sought by these treaties. In this context it explores legal pitfalls produced by well-meaning but often inadequately advised attempts to incorporate incompletely understood scientific concepts and terminology, such as “biodiversity,” in, and/or impose them on, environmental treaties. It considers potential adverse effects on the environment, the rule of law and the development of sound science to support environmental treaties when implementation of existing treaty provisions for environmental protection is neglected.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122630390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-30DOI: 10.1163/22134484-12340164
Seokwoo Lee, Kevin Y. L. Tan, Hee-Eun Lee
{"title":"Asian State Practice in the Domestic Implementation of International Law","authors":"Seokwoo Lee, Kevin Y. L. Tan, Hee-Eun Lee","doi":"10.1163/22134484-12340164","DOIUrl":"https://doi.org/10.1163/22134484-12340164","url":null,"abstract":"","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128701951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-30DOI: 10.1163/22134484-12340165
A. Wolman
In recent years, asylum tribunals in the West have normally concluded that North Korean asylum seekers are also South Korean nationals; and therefore, must show a well-founded fear of persecution in both North and South Korea in order to be considered refugees. This has predictably presented a challenge for North Koreans seeking asylum in the West. In most cases, it has led to denials of protection. There are, however, some exceptions. In a pair of recent cases, North Korean asylum seekers have been granted refugee status and asylum in New Zealand, despite their acknowledged South Korean nationality and prior settlement in the South. After a review of the general challenges faced by North Korean asylum seekers, this article examines each case in detail, drawing out the reasoning underlying the Tribunals’ decisions and exploring the implication for future applicants.
{"title":"Refugee Status for North Korean Dual Nationals: A Study of Recent Cases from New Zealand","authors":"A. Wolman","doi":"10.1163/22134484-12340165","DOIUrl":"https://doi.org/10.1163/22134484-12340165","url":null,"abstract":"\u0000In recent years, asylum tribunals in the West have normally concluded that North Korean asylum seekers are also South Korean nationals; and therefore, must show a well-founded fear of persecution in both North and South Korea in order to be considered refugees. This has predictably presented a challenge for North Koreans seeking asylum in the West. In most cases, it has led to denials of protection. There are, however, some exceptions. In a pair of recent cases, North Korean asylum seekers have been granted refugee status and asylum in New Zealand, despite their acknowledged South Korean nationality and prior settlement in the South. After a review of the general challenges faced by North Korean asylum seekers, this article examines each case in detail, drawing out the reasoning underlying the Tribunals’ decisions and exploring the implication for future applicants.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121544460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-30DOI: 10.1163/22134484-12340166
Seryon Lee, Seokwoo Lee
{"title":"Korean Judicial Decision","authors":"Seryon Lee, Seokwoo Lee","doi":"10.1163/22134484-12340166","DOIUrl":"https://doi.org/10.1163/22134484-12340166","url":null,"abstract":"","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125777290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-07DOI: 10.1163/22134484-12340161
Lan N. Nguyen
Part XII of the United Nations Convention on the Law of the Sea (UNCLOS) on the protection and preservation of the marine environment contains provisions that are worded in a general manner. As “the problems of ocean space are closely interrelated and need to be considered as a whole”, these provisions need to be interpreted in harmony with the wider corpus of international law. However, when marine environmental disputes are brought before the UNCLOS dispute settlement bodies, their jurisdiction is limited to disputes arising under UNCLOS. The tribunals, therefore, have to navigate between deciding disputes in a hollistic manner and remaining within their jurisdictional limits. This article discusses the techniques used by UNCLOS tribunals to resort to other sources of international law when settling marine environmental disputes. It will then assess whether, in doing so, the tribunals have remained within their jurisdictional parameters and the wider implications of this practice.
{"title":"Jurisdiction and Applicable Law in the Settlement of Marine Environmental Disputes under UNCLOS","authors":"Lan N. Nguyen","doi":"10.1163/22134484-12340161","DOIUrl":"https://doi.org/10.1163/22134484-12340161","url":null,"abstract":"\u0000 Part XII of the United Nations Convention on the Law of the Sea (UNCLOS) on the protection and preservation of the marine environment contains provisions that are worded in a general manner. As “the problems of ocean space are closely interrelated and need to be considered as a whole”, these provisions need to be interpreted in harmony with the wider corpus of international law. However, when marine environmental disputes are brought before the UNCLOS dispute settlement bodies, their jurisdiction is limited to disputes arising under UNCLOS. The tribunals, therefore, have to navigate between deciding disputes in a hollistic manner and remaining within their jurisdictional limits. This article discusses the techniques used by UNCLOS tribunals to resort to other sources of international law when settling marine environmental disputes. It will then assess whether, in doing so, the tribunals have remained within their jurisdictional parameters and the wider implications of this practice.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116897976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-07DOI: 10.1163/22134484-12340157
Minchul Kim
This article considers an approach for achieving an effective cooperation regime for marine scientific research (MSR) in Northeast Asia. Specifically, it addresses the causes of MSR-related disputes in undelimited maritime areas and explores its reality in Northeast Asia through case studies. It further examines the legality of unilateral research or survey activities in undelimited maritime areas, considering Articles 74(3) and 83(3) of the United Nations Convention on the Law of the Sea. Based on such discussions, it offers suggestions for realizing a cooperative regime for MSR. This article’s primary argument is that it is worth considering a regime-building suggestion in alignment with the original spirit of MSR, despite the challenges it may entail. To that end, it emphasizes that efforts should be made to remove the causes of disputes and recommends a cooperative regime led by international institutions and a joint research regime as a modus vivendi.
{"title":"Cutting the Gordian Knot: Is an Effective Cooperation Regime for Marine Scientific Research in Northeast Asia Feasible?","authors":"Minchul Kim","doi":"10.1163/22134484-12340157","DOIUrl":"https://doi.org/10.1163/22134484-12340157","url":null,"abstract":"\u0000 This article considers an approach for achieving an effective cooperation regime for marine scientific research (MSR) in Northeast Asia. Specifically, it addresses the causes of MSR-related disputes in undelimited maritime areas and explores its reality in Northeast Asia through case studies. It further examines the legality of unilateral research or survey activities in undelimited maritime areas, considering Articles 74(3) and 83(3) of the United Nations Convention on the Law of the Sea. Based on such discussions, it offers suggestions for realizing a cooperative regime for MSR. This article’s primary argument is that it is worth considering a regime-building suggestion in alignment with the original spirit of MSR, despite the challenges it may entail. To that end, it emphasizes that efforts should be made to remove the causes of disputes and recommends a cooperative regime led by international institutions and a joint research regime as a modus vivendi.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128954031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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