간행물
Journal of East Asia and International Law KCI 등재
- 발행기관 이준국제법연구원
- 자료유형 학술지
- 간기 반년간
- ISSN 1976-9229 (Print)2287-9218 (Online)
- 수록기간 2008 ~ 2023
- 주제분류 사회과학 > 법학 사회과학 분류의 다른 간행물
- 십진분류KDC 341DDC 321
권호리스트/논문검색
제5권 제1호 (2012년 5월) 8건
ISSUE FOCUS
1.
2012.05
구독 인증기관 무료, 개인회원 유료
Piracy poses a great danger to international security and peace. It is necessary for the international community and individual States to take actions to suppress piracy. Despite international cooperation and existing international antipiracy laws, the international community lacks an effective legal regime to suppress piracy. China has fundamental interests in fighting against piracy and has actively cooperated in accordance with the relevant UNSC resolutions. However, China’s domestic antipiracy laws are defective in their substantive and procedural aspects. Further efforts should be made at both the national and international levels in order to effectively suppress global piracy.
7,000원
2.
2012.05
구독 인증기관 무료, 개인회원 유료
On January 21, 2011, the Korean navy commandos rescued the twenty-one crewmen abducted and detained by Somali pirates in the Indian Ocean. The pirates captured alive were brought to Korea for trial and the prosecutor’s office of Pusan sentenced the leader of the Somali pirate group to life-imprisonment. The other four pirates received imprisonment terms from 12 to 15 years. Regardless of these domestic legal punishments, this rescue operation has raised a few critical international legal questions. The primary objective of this paper is to answer these questions. This research analyzes the international legal characteristics of the Korean Navy’s rescue operation. Then, a few case-studies of military rescue operation are carried out in order to justify the Korean Navy’s rescue operation. The Korean Navy’s rescue operation may be regarded as an act of forcible self-help and realization of existing international legal right.
6,100원
3.
2012.05
구독 인증기관 무료, 개인회원 유료
The main purpose of this paper is to examine an alternative approach to statebuilding in Somalia to resolve issues regarding maritime piracy off the Somali coast. The sharp increase in piracy in Somalia is often regarded as a consequence of the collapse of the State after 1991. Solutions for curtailing piracy therefore depend upon the reconstruction of the State in Somalia. However, as has been the case in many post-conflict countries, Somalia has experienced a number of unsuccessful attempts at state-building because the current state-building model based on the western conception of statehood does not account for the realities of Somali society. Reviving a unified Somalia is thus counter-productive to securing peace, order and stability. By closely examining state-building approaches, this paper shows that the‘ mediated state’approach is the most appropriate model not only for resolving issues regarding state-building, but also for tackling the root causes of piracy in Somalia.
7,800원
ARTICLES
4.
2012.05
구독 인증기관 무료, 개인회원 유료
This article reviews the statutory reform of Chinese private international law from the perspective of tort conflicts which concludes that notwithstanding the significant improvement, the new Private International Law Act of China are fraught with various defects. In the field of tort, Article 44 are problematic in three aspects: first, the key term‘ habitual residence’lacks an objective definition; second, the rationality of an automatic preference to the law of the common habitual residence over the lex loci delicti is open to doubt; third, there is little, if any, practicability to introduce the notion that the parties may choose the applicable law after the tort has happened. Moreover, there are a number of defects or problems with Article 45, Article 46 and Article 50 of the Act, respectively. What’s more, the Act neglects some other important types of torts which call for special treatment, say, unfair competition, and environmental pollution, nuclear damage and traffic accidents. In the end, the article puts forward the corresponding suggestions for improvement.
6,100원
5.
2012.05
구독 인증기관 무료, 개인회원 유료
There has been a sudden surge in simultaneous legal disputes between Samsung and Apple in domestic courts of multiple States since 2011 concerning patent infringements involving their new digital products. The intensity of these confrontations between the two digital giants has come to exert significant influence over the lives of many people all over the world. In a sense, they are not competing to protect or increase the market share in a given domestic market, as other large corporations usually do; rather, they are now competing in a single, integrated global digital market where borders and boundaries have virtually disappeared. The emergence of the dominant digital entities is a showcase example of the increasing role of the MNCs in the international community, an issue that has already attracted a significant amount of attention from scholars of international law. At the same time, the unprecedented clash between the two corporations in multiple jurisdictions also raises an important issue of how conventional jurisdictional principles under international law are and will be implicated in this regard.
6,400원
NOTE & COMMENT
6.
2012.05
구독 인증기관 무료, 개인회원 유료
Article 24 of the Plant Variety and Plant Seed Act of Taiwan stipulates that rightholders have exclusive rights to import/export propagating materials, harvested materials and products made directly from the harvested materials of protected plant varieties. However, detailed provisions of border measures and enacting rules have not yet been written both in the Act and the associated enforcement rules. Although Taiwan and China have built a close relationship in agriculture and trade, tightening export suspension measures may serve as an effective means of preventing the agricultural counterfeit issue from worsening, and reduce the possibilities of illegal re-importation. China is the principal country to which plant materials from Taiwan and Japan are smuggled for further propagation and then shipped back to their original markets. Japan’s effective border measures for addressing plant variety right infringement and their PVP G-Men system could be a useful paradigm for Taiwan.
5,700원
REGIONAL FOCUS & CONTROVERSIES
7.
2012.05
구독 인증기관 무료, 개인회원 유료
The South China Sea has long been regarded as a major source of tension and instability in Pacific Asia. To clarify the position of claimants is a research task for creating the confidence building measures and promoting efforts to manage the possible conflicts in the region. The purpose of this article is to address the Vietnamese position on the sovereignty disputes over the Paracels and Spratlys, and maritime zones in the South China Sea. The Vietnamese position will be examined from three aspects: (1) the sovereignty of the Paracels and the Spratlys; (2) the maritime zones around these islands; and (3) the settlement of disputes in the South China Sea.
10,100원
8.
2012.05
구독 인증기관 무료, 개인회원 유료
Territorial Dispute between China and Vietnam in the South China Sea: A Chinese Lawyer’s Perspective
Although China and Vietnam are involved in both territorial and boundary disputes in the South China Sea, at present, managing the territorial dispute over the Spratly Islands is more significant than anything else. Analysis of the dispute based on international law, particularly on the ICJ case law, may help the two sides to manage their dispute in a new perspective and generate political willingness to negotiate the joint development area instead of the sovereignty over the islands. China’s policy that the joint development area around the disputed islands is negotiable is quite a positive signal for peace in the South China Sea and provides a practical basis for new negotiations between China and Vietnam.
5,800원
