Law And Policy On Korean Unification


Law And Policy On Korean Unification
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Law And Policy On Korean Unification


Law And Policy On Korean Unification
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Author : Jong-Chul Park and Jeong-Ho Roh
language : en
Publisher: 길잡이미디어
Release Date : 2014-12-31

Law And Policy On Korean Unification written by Jong-Chul Park and Jeong-Ho Roh and has been published by 길잡이미디어 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-31 with International relations categories.


The aim of this project is to research the necessity of international cooperation on Korean unification in legal terms as South Korea’s Unification Policy and how issues of the Korean Peninsula have been dealt with in the international framework. Since this is the second year of a five-year project, the conceptual aspect requires clarification in the overall aspect and this requires a multidisciplinary approach. But the main focus remains the legal aspect, international law, in particular. This study assumes that unification will be a gradual process, generally in three stages: (1) inter-Korean cooperation, (2) negotiation for inter-Korean unification (be it North Korea’s collapse, or actual inter-Korean negotiation for unification, this stage includes any inter-Korean negotiation for unification and international negotiation formula, such as Six Party Talks, etc.), and (3) post-unification integration. The study begins with the understanding that South Korea needs to be prepared for legal matters potentially arising in these processes. The project this year, in particular, deals with the legal issues that should be dealt with in the first and second stages. The scope of the papers in this project covers four main areas. The first is time span. The research for this project covers the 19th century to the present and draws future-oriented implications, but the main focus is on current issues. The second is in regard to approaches. The study deals with three main approaches: historical, political, and legal, but for purposes of this project, the main focus is on the legal aspect. The third concerns the issues addressed. These are the nuclear issue, the military issue, inter-Korean cooperation issues, and the human rights issue. Finally, the scope of actors considered includes South and North Korea, neighboring countries (the U.S., China, Japan, and Russia), and international organizations (e.g., UN, WFP, WHO, etc.). The papers included here are organized into three main sections. The first concerns the meaning of Korean unification and the context of international cooperation. Park Jong-Chul provides a general overview of the Park Geun-Hye administration’s North Korea and unification policy, referred to as “Trustpolitik,” and the trust-building process on the Korean Peninsula, as well as the need for international cooperation. Sue Mi Terry examines the U.S. and China’s perspective on the issues laid out above. She explores areas where U.S.-China interests converge and diverge and whether strategic cooperation and coordination between the two nations are possible in the case of Korean unification. The second section presents historical and legal perspectives related to the situation on the Korean peninsula. Charles K. Armstrong’s work on the historical perspective is divided into three sections chronologically: (1) the struggle of 19th Century Korea to become a modern sovereign state and its failure with the advent of colonial rule, (2) war leading to the division of the Korean Peninsula, and (3) the inter-Korean situation based on de facto recognition (as opposed to de jure) as a political entity arising out of the 1972 Joint Communiqué and the “special relationship” from then on. Next, Roh Jeong-Ho provides a legal approach to the question of inter-Korean relations and the debate on unification by dividing the period from 1876 to the present day into five distinct periods and examining the limitations to the legal order and the evolution of world order as they pertain to Korea. Finally, Leon V. Sigal discusses how international law and institutions might improve South Korean security and facilitate inter-Korean reconciliation with special attention to confidence-building in the West Sea. The third section examines in greater detail the legal aspects of Inter-Korean Cooperation and human rights. Regarding human rights, it is important to consider the link between inter-Korean cooperation and human rights. The improvement of human rights and people’s livelihood in North Korea, which is part of the ultimate goal of unification, can be achieved by inter-Korean cooperation. Inter-Korean cooperation leads to inducing change in North Korea, which then logically leads to the improvement of human rights in North Korea. Lee Hyo-Won focuses on the legal matters regarding the establishment of a DMZ World Peace Park. Soung Jea-Hyen looks at the legal matters regarding the internationalization of the Gaeseong Industrial Complex. Cho Jung-Hyun provides an analysis of the contents and legal implications of the recent outcome of the UN Commission of Inquiry (COI) on Human Rights in the DPRK, such as the meaning of stating “crimes against humanity,” the notion of Responsibility to Protect (R2P) in respect to North Korea, and transitional justice in the possible post-unification stage. Finally, David Hawk tracks North Korean human rights developments in the post-COI period. Preface/ Jong-Chul Park and Jeong-Ho Roh I. The Meaning of Korean Unification in the Context of International Cooperation South Korea’s TrustPolitik and International Cooperation.....1 South Korea’s TrustPolitik and International Cooperation/ Jong-Chul Park.....3 U.S.-China Rivalry and the Unification of the Korean Peninsula/ Sue Mi Terry.....31 II. The Situation on the Korean Peninsula: Historical and Legal Perspectives .....59 An Unfinished Project: Challenges and Struggles of Korea to Become a Modern Sovereign Nation-State/ Charles K. Armstrong.....61 The Limits of Legal Order in an Evolving World Order on the Korean Peninsula/ Jeong-Ho Roh.....89 Legal Approaches to Korean Security in the Early Stages of Unification: The Armistice Agreement and the NLL/ Leon V. Sigal.....119 III. Legal Aspects of Inter-Korean Cooperation and Human Rights.....145 Legal Perspective and International Cooperation on World Peace Park in DMZ between South and North Korea / Hyo-Won Lee.....147 Plan for the Internationalization of the Kaesong Industrial Region and the Resolution of Its Commercial Disputes/ Jea-Hyen Soung.....169 The Report of the UN Commission of Inquiry (COI) on North Korean Human Rights: Some International Legal Analyses/ Jung-Hyun Cho.....195 North Korea’s Response to the UN Commission of Inquiry (COI) Report on the Situation of Human Rights in the Democratic People’s Republic of Korea/ David Hawk.....213 Contributors.....251



Constitutional Handbook On Korean Unification


Constitutional Handbook On Korean Unification
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Author : Korea Economic Research Institute (South Korea)
language : en
Publisher: 길잡이미디어
Release Date : 2002-11-27

Constitutional Handbook On Korean Unification written by Korea Economic Research Institute (South Korea) and has been published by 길잡이미디어 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-11-27 with Constitutional law categories.


Constitutional Handbook on Korean Unification(I): Introduction Constitutional Handbook on Korean Unification(II): Political and Social Issues Constitutional Handbook on Korean Unification(III): Law Issues Constitutional Handbook on Korean Unification(IV): Economic Issues



Perspectives On Korean Unification And Economic Integration


Perspectives On Korean Unification And Economic Integration
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Author : Young Back Choi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2001-01-01

Perspectives On Korean Unification And Economic Integration written by Young Back Choi and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-01 with Business & Economics categories.


"Assembled in this volume are a diverse group of economists and analysts from academia, government and think tanks in the US and South Korea. Topics range from philosophical to practical policy matters. Students, researchers and policymakers interested in Korea and in the broader issues of economic and political integration will find this volume fresh and insightful."--BOOK JACKET.



Korea


Korea
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Author : Martin Hart-Landsberg
language : en
Publisher:
Release Date : 1998-12

Korea written by Martin Hart-Landsberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-12 with Law categories.


"Korean unification is one of the most important issues on the international agenda today. Hart-Landsberg's broad-ranging inquiry develops a perspective that is rarely heard, and that merits careful attention. It is a valuable contribution to a debate that should not be delayed." --Noam Chomsky



Peace And Unification In Korea And International Law


Peace And Unification In Korea And International Law
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Author : Pyŏng-hwa Yu
language : en
Publisher: School of Law University of Maryland
Release Date : 1986

Peace And Unification In Korea And International Law written by Pyŏng-hwa Yu and has been published by School of Law University of Maryland this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with History categories.




One Korea Via Permanent Neutrality


One Korea Via Permanent Neutrality
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Author : In K. Hwang
language : en
Publisher:
Release Date : 1987

One Korea Via Permanent Neutrality written by In K. Hwang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with History categories.




Two Koreas Unification Policy And Strategy


Two Koreas Unification Policy And Strategy
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Author : Yong-sun Im
language : en
Publisher:
Release Date : 1978

Two Koreas Unification Policy And Strategy written by Yong-sun Im and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Korean reunification question (1945- ) categories.




North Korea International Law And The Dual Crises


North Korea International Law And The Dual Crises
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Author : Morse Tan
language : en
Publisher:
Release Date : 2015

North Korea International Law And The Dual Crises written by Morse Tan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with LAW categories.


This utilizes a unique international law perspective to examine the actions and inactions of the Democratic People's Republic of Korea (DPRK) in regard to international security and human rights concerns in North Korea. The book will demonstrate how the two issues of nuclear weapons and the human rights abuses in North Korea are interconnected and why the international community should be applying the same international law framework to each to find a solution for both. The book analyses the North Korea's nuclear weapons situation from political, military, historical and legal angles examining the DPRK's policy objectives involving international security and Korean unification. The book goes on to explore the human rights abuses inflicted on the North Korean people by their own government and which include extermination, torture, and crimes of association, as well as collective retribution inside and outside its system of concentration camps. The book investigates the North Korean situation with a view towards redress through an international framework. North Korea's gross and systematic violations of human rights and defiant military actions through specific violations of international law are assessed including the contravention of the treaties that North Korea itself has ratified, to provide a proper foundation for redressing these international crimes through a tribunal. The specific objectives and actions of the North Korean government are analyzed according to applicable treaty law, jus cogens norms, customary international law, and other types of international legal obligations. It pinpoints the sources and underpinnings of the regional nuclear crisis and offer solutions for dealing with international security surrounding the Korean Peninsula. The book puts forward a proposal for the creation of a tribunal to prosecute those at the top of the regime for international crimes and human rights abuses after a reunification of the peninsula.



The Unification Policy Of South And North Korea


The Unification Policy Of South And North Korea
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Author : Hak-chun Kim
language : en
Publisher:
Release Date : 1977

The Unification Policy Of South And North Korea written by Hak-chun Kim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Korea categories.




The Making Of A Unified Korea


The Making Of A Unified Korea
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Author : Chin-uk Chʻoe
language : en
Publisher: 민족통일연구원
Release Date : 1997

The Making Of A Unified Korea written by Chin-uk Chʻoe and has been published by 민족통일연구원 this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with History categories.