Journal of East Asia and International Law 제1권 제2호

1.

2008.11 구독 인증기관 무료, 개인회원 유료

Evolving Concepts of Self- Determination and Autonomy in International Law: The Legal Status of Tibet

Journal of East Asia and International Law 제1권 제2호 pp.217-242 이준국제법연구원

This article traces the evolution of the concept of self-determination from the end of World War I, through the era of decolonization, to the present day when it has become embedded in the human rights framework and, in limited circumstances, is used to justify secession. Various national and international cases are examined in analyzing the jurisprudence of self-determination, as well as the new European standards for State recognition after secession. The concept of autonomy is also examined as possibly providing a solution for disaffected minority groups within a greater territorial unit. The article then applies the self-determination and autonomy frameworks to Tibet and examines possible solutions for assessing Tibet’s international status.

6,400원

2.

2008.11 구독 인증기관 무료, 개인회원 유료

Resolving Jurisdiction Conflicts between Courts and Arbitral Tribunals: A Chinese Law Perspective

Xiaohong Liu

Journal of East Asia and International Law 제1권 제2호 pp.243-273 이준국제법연구원

The question of conflict of jurisdictions between courts and arbitral tribunals not merely constitutes a purely theoretical issue, but it also has significance in the legal practice. When many countries show allowance to arbitration and support its development to the greatest extent, few courts in China fail to tackle the relationships between arbitration and courts. By means of an analysis of possible conflict of the jur isdictions between courts and arbitral tribunals, this article pleas for a supportive attitude of courts with respect to arbitration, so as to reduce the impact of courts’ judicial supervision on the due arbitration proceeding. In-depth theoretical discussions will develop on the principle of “competence-competence” and its application in China, justifying the conclusion that the essence of this principle is to have disputes between parties in arbitration agreements solved within the arbitration system and thereby to respect the parties’ decision to submit to arbitration.

7,700원

3.

2008.11 구독 인증기관 무료, 개인회원 유료

Dowry Deaths (bride burning) in India and Abetment of Suicide: A Socio-Legal Appraisal

Dr. Nehaluddin Ahmad

Journal of East Asia and International Law 제1권 제2호 pp.275-289 이준국제법연구원

4,800원

4.

2008.11 구독 인증기관 무료, 개인회원 유료

Terrorism Prevention and the Right of Preemptive Self-Defense

Jaemin Lee

Journal of East Asia and International Law 제1권 제2호 pp.291-310 이준국제법연구원