Pub Date : 2018-10-03DOI: 10.1163/22134484-12340111
Thi lan anh Nguyen, Ngan Ha Mai
In the context of more frequent occurrence of illegal activities at sea and increasing depletion of marine natural resources, the need for close cooperation between law enforcement forces is more imminent to foster an effective approach to these issues. In Vietnam, there is a multiplicity of law enforcement forces specializing in different aspects at sea. This article will describe the activities of these forces, including the organizational structure, functions and jurisdictions, as well as their law enforcement practices. Next, this article will describe the experience of these forces in international cooperation to address transnational maritime challenges. Finally, some assessments and proposals for future development will be made on the activities of Vietnam law enforcement forces.
{"title":"Vietnam Maritime Law Enforcement","authors":"Thi lan anh Nguyen, Ngan Ha Mai","doi":"10.1163/22134484-12340111","DOIUrl":"https://doi.org/10.1163/22134484-12340111","url":null,"abstract":"\u0000In the context of more frequent occurrence of illegal activities at sea and increasing depletion of marine natural resources, the need for close cooperation between law enforcement forces is more imminent to foster an effective approach to these issues. In Vietnam, there is a multiplicity of law enforcement forces specializing in different aspects at sea. This article will describe the activities of these forces, including the organizational structure, functions and jurisdictions, as well as their law enforcement practices. Next, this article will describe the experience of these forces in international cooperation to address transnational maritime challenges. Finally, some assessments and proposals for future development will be made on the activities of Vietnam law enforcement forces.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132786349","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 : 2018-10-03DOI: 10.1163/22134484-12340109
C. Kojima
This paper discusses the roles and functions of the Japan Coast Guard and Japan Maritime Self-Defense Force in maritime law enforcement. It analyzes practices of Japan’s maritime law enforcement in the prevention and punishment of piracy and armed robbery against ships, illegal, unreported and unregulated fishing, marine pollution, illegal immigration, and drug trafficking. It also examines cases of collaboration among different agencies at the domestic, regional and international levels.
{"title":"Maritime Law Enforcement in Japan","authors":"C. Kojima","doi":"10.1163/22134484-12340109","DOIUrl":"https://doi.org/10.1163/22134484-12340109","url":null,"abstract":"\u0000This paper discusses the roles and functions of the Japan Coast Guard and Japan Maritime Self-Defense Force in maritime law enforcement. It analyzes practices of Japan’s maritime law enforcement in the prevention and punishment of piracy and armed robbery against ships, illegal, unreported and unregulated fishing, marine pollution, illegal immigration, and drug trafficking. It also examines cases of collaboration among different agencies at the domestic, regional and international levels.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123839440","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 : 2018-10-03DOI: 10.1163/22134484-12340112
Anastasia Telesetsky
This article summarizes U.S. State practice in the area of maritime enforcement. Focusing on the activities of the U.S. Coast Guard and the U.S. Navy, the article covers law enforcement for piracy and human trafficking, law enforcement for maritime terrorism and weapon trafficking, enforcement against illegal extraction of living marine resources, enforcement to protect the marine environment from pollution, enforcement to prevent accidents at sea, customs and illegal immigration enforcement, and drug trafficking enforcement. The article notes that the U.S. approach to maritime enforcement has been a “long-arm” approach ensuring enforcement of U.S. interests spanning oceanic regions.
{"title":"U.S. State Practice","authors":"Anastasia Telesetsky","doi":"10.1163/22134484-12340112","DOIUrl":"https://doi.org/10.1163/22134484-12340112","url":null,"abstract":"\u0000This article summarizes U.S. State practice in the area of maritime enforcement. Focusing on the activities of the U.S. Coast Guard and the U.S. Navy, the article covers law enforcement for piracy and human trafficking, law enforcement for maritime terrorism and weapon trafficking, enforcement against illegal extraction of living marine resources, enforcement to protect the marine environment from pollution, enforcement to prevent accidents at sea, customs and illegal immigration enforcement, and drug trafficking enforcement. The article notes that the U.S. approach to maritime enforcement has been a “long-arm” approach ensuring enforcement of U.S. interests spanning oceanic regions.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125198280","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 : 2018-10-03DOI: 10.1163/22134484-12340115
Buhm-Suk Baek
{"title":"Major Decisions from the Second Half of 2017 to the First Half of 2018","authors":"Buhm-Suk Baek","doi":"10.1163/22134484-12340115","DOIUrl":"https://doi.org/10.1163/22134484-12340115","url":null,"abstract":"","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116536517","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 : 2018-06-01DOI: 10.1163/22134484-12340103
Pyoung-keun Kang
International investment law has developed in parallel with the expansion of European powers to Asia as early as the 17th century. European powers used their military force to protect their subjects operating in Asia.1 A Eurocentric version of international law has been useful in the encounter of European entrepreneurs with indigenous peoples in Asia and America. Many mixed commissions in the 19th century were set up to deal with claims based on the injuries of British subjects in the newly independent State of the United States of America.2 In the various kinds of peace treaties with China, the nationals of foreign powers were protected in the same way as third party foreign powers were. The law of State responsibility was developed in light of the treatment of foreign nationals by host States. The friendship, commerce and navigation (fcn) treaties were very common in the 19th century in Asia when host States in
{"title":"VI. Implications of the Development of International Law upon the Protection of Foreign Investors and Investments from the Perspective of Developing States","authors":"Pyoung-keun Kang","doi":"10.1163/22134484-12340103","DOIUrl":"https://doi.org/10.1163/22134484-12340103","url":null,"abstract":"International investment law has developed in parallel with the expansion of European powers to Asia as early as the 17th century. European powers used their military force to protect their subjects operating in Asia.1 A Eurocentric version of international law has been useful in the encounter of European entrepreneurs with indigenous peoples in Asia and America. Many mixed commissions in the 19th century were set up to deal with claims based on the injuries of British subjects in the newly independent State of the United States of America.2 In the various kinds of peace treaties with China, the nationals of foreign powers were protected in the same way as third party foreign powers were. The law of State responsibility was developed in light of the treatment of foreign nationals by host States. The friendship, commerce and navigation (fcn) treaties were very common in the 19th century in Asia when host States in","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133625786","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 : 2018-06-01DOI: 10.1163/22134484-12340100
Seokwoo Lee
{"title":"III. Territorial Settlements in Peace Treaties","authors":"Seokwoo Lee","doi":"10.1163/22134484-12340100","DOIUrl":"https://doi.org/10.1163/22134484-12340100","url":null,"abstract":"","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114695503","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 : 2018-06-01DOI: 10.1163/22134484-12340098
Seokwoo Lee, Hee-Eun Lee
{"title":"I. Contemporary Issues and Challenges","authors":"Seokwoo Lee, Hee-Eun Lee","doi":"10.1163/22134484-12340098","DOIUrl":"https://doi.org/10.1163/22134484-12340098","url":null,"abstract":"","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133643577","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 : 2018-06-01DOI: 10.1163/22134484-12340099
S. Oh
{"title":"II. Relevance of History and Theory in the Historical Injustice Issues of East Asia","authors":"S. Oh","doi":"10.1163/22134484-12340099","DOIUrl":"https://doi.org/10.1163/22134484-12340099","url":null,"abstract":"","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132863089","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 : 2018-06-01DOI: 10.1163/22134484-12340096
R. Juwita
In 2015, the Paris Agreement was adopted to strengthen the legal continuum to combat climate change. The Secretary-General as the chief administrative, world premier diplomat and norm entrepreneur of the UN has to diplomatically persuade all member States to ratify the international legal instruments. This research suggests that the Secretary-General must possess virtuous character in order to carry on the mandate of the UN Charter, especially as a norm entrepreneur to address the issue of climate change. Aretaic jurisprudence approach is used to interpret further the character that has to be possessed by the Secretary-General. Based on the Aristotelian virtues as the core philosophy of aretaic jurisprudence, the Secretary-General has to possess the virtues of courage and temperance. In the fight against climate change, a virtuous Secretary-General will play the pivotal role as a norm entrepreneur in inviting and persuading all member States to cooperate in unity.
{"title":"An Aretaic Jurisprudence Approach to the Character of the Secretary-General of the United Nations as a Norm Entrepreneur to Save the Earth from the Adverse Impact of Climate Change","authors":"R. Juwita","doi":"10.1163/22134484-12340096","DOIUrl":"https://doi.org/10.1163/22134484-12340096","url":null,"abstract":"\u0000In 2015, the Paris Agreement was adopted to strengthen the legal continuum to combat climate change. The Secretary-General as the chief administrative, world premier diplomat and norm entrepreneur of the UN has to diplomatically persuade all member States to ratify the international legal instruments. This research suggests that the Secretary-General must possess virtuous character in order to carry on the mandate of the UN Charter, especially as a norm entrepreneur to address the issue of climate change. Aretaic jurisprudence approach is used to interpret further the character that has to be possessed by the Secretary-General. Based on the Aristotelian virtues as the core philosophy of aretaic jurisprudence, the Secretary-General has to possess the virtues of courage and temperance. In the fight against climate change, a virtuous Secretary-General will play the pivotal role as a norm entrepreneur in inviting and persuading all member States to cooperate in unity.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"18 796 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124496425","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 : 2018-06-01DOI: 10.1163/22134484-12340097
Lowell B. Bautista
The South China Sea Arbitral Tribunal award was an overwhelming legal and moral victory for the Philippines. The arbitral tribunal categorically declared that China’s nine-dash line claim is incompatible with the UN Convention on the Law of the Sea. However, China’s defiance of the ruling and refusal to honor and implement the award pose a serious challenge to Manila’s victory. In addition, the astonishing shift in Philippine foreign policy direction, alongside the change in government, flouts the arbitral award and undermines previous State policies assertive of Philippine maritime and territorial claims in the South China Sea. The current direction of Philippine-China relations under Philippine President Rodrigo Duterte has demonstrated positive signs of improvement compared with acrimonious bilateral relations pursued by the previous Aquino administration. The arbitral award has largely been set aside in the government’s effort to restore amicable economic and diplomatic relations with China. This paper examines the South China Sea arbitral award amidst shifting Philippine foreign policy under the administration of President Rodrigo Duterte.
{"title":"The South China Sea Arbitral Award amidst Shifting Philippine Foreign Policy","authors":"Lowell B. Bautista","doi":"10.1163/22134484-12340097","DOIUrl":"https://doi.org/10.1163/22134484-12340097","url":null,"abstract":"\u0000The South China Sea Arbitral Tribunal award was an overwhelming legal and moral victory for the Philippines. The arbitral tribunal categorically declared that China’s nine-dash line claim is incompatible with the UN Convention on the Law of the Sea. However, China’s defiance of the ruling and refusal to honor and implement the award pose a serious challenge to Manila’s victory. In addition, the astonishing shift in Philippine foreign policy direction, alongside the change in government, flouts the arbitral award and undermines previous State policies assertive of Philippine maritime and territorial claims in the South China Sea. The current direction of Philippine-China relations under Philippine President Rodrigo Duterte has demonstrated positive signs of improvement compared with acrimonious bilateral relations pursued by the previous Aquino administration. The arbitral award has largely been set aside in the government’s effort to restore amicable economic and diplomatic relations with China. This paper examines the South China Sea arbitral award amidst shifting Philippine foreign policy under the administration of President Rodrigo Duterte.","PeriodicalId":325796,"journal":{"name":"The Korean Journal of International and Comparative Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114934103","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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