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 제2호 (2012년 11월) 8건
ISSUE FOCUS
1.
2012.11
구독 인증기관 무료, 개인회원 유료
As the ASEAN moves towards its vision of a ‘Community,’enforceability and consistency of legal standards, broadly the “rule of law,”have drawn attention due to their impact on the predictability of social environments, with consequences for markets, people, and policy makers. This paper draws together recent findings and suggests ASEAN States have made significant progress but remain in a state of transition. These findings support Barry Weingast’s prediction that developing countries are more likely to create consistent rules and move to“ open access orders” in line with requirements for development, rather than install artificial enforcement mechanisms before growth.
4,900원
2.
2012.11
구독 인증기관 무료, 개인회원 유료
Cooperation between China and the ASEAN has become more integrated as their common economic interests have been increasing due to globalization and recent changes in Southeast Asia. The formation and operation of the CAFTA provide incentive for investment and trade between China and the ASEAN. The objective of laws regulating to investment should promote investment, which can be realized through a liberal, facilitative and transparent investment regime. The CAFTA’s investment regime continues along with the same trends of international investment agreements in general. However, in order to encourage regional integration, it needs to be improved in future practice.
4,800원
3.
2012.11
구독 인증기관 무료, 개인회원 유료
There have been at least twenty Summits among the ASEAN countries. They adopted about twenty basic legal documents. All these are dedicated to realizing the ambitious dream of the ASEAN countries to be developed. However, the facts went opposite. ASEAN cooperation stays slow and reaches a very narrow target. Most ASEAN people feel bored and hopeless over the state of cooperation. The slow and narrow cooperation have disposed the cooperation into a downfall image such as a fiction, or even a utopian. The downfall image could make cooperation even slower or end it altogether, as it commonly drives the belief of the people from trust to distrust and believing into disbelieving. The gap between the ‘sollen’and the ‘sein’in the cooperation shows a strong influence of undetectable causes. This article applies a law and ideological approach in searching and analyzing the cause of slowness of performance of the cooperation.
5,200원
ARTICLES
4.
2012.11
구독 인증기관 무료, 개인회원 유료
Many international judicial bodies have prescribed the procedures allowing NGOs to participate in the proceedings generally as non-parties as amicus curiae, expert or witness for the purpose of the good administration of justice. These possibilities are well developed in judicial bodies where the nature of proceedings concerns the issues that international law recognizes as the collective interests of the international community. In the International Court of Justice, on the contrary, NGOs do not have such possibility to make contributions as they have done in other international judicial bodies. The development of the elaboration of the texts on the Court proceedings and the restrictive interpretation of these texts reflect the restrictive approach of the Court towards NGOs’participation. The Court should offer the scope to access NGOs since they have legitimate right to represent the views of international civil society in an international democratic process and can contribute to assist the Court to protect the collective interest of the international community.
7,000원
5.
2012.11
구독 인증기관 무료, 개인회원 유료
It is generally accepted that China’s legislation including the provisions on enforcement of intellectual property rights has met the requirements of the TRIPS agreement and its government has exerted best efforts to enforce intellectual property laws, as illustrated by the institution of executive bodies, the dual-track approach system for protecting IPRs and other actions in this field. However, enforcement of IPRs is still a critical problem for China to solve because the protection standards of IPRs are beyond its economic development and education level, local protectionism interferes with enforcement, insufficient severity of punishment against infringers fails to deter, the price of genuine IP products is overinflated and a legal culture of not observing laws in China. To eliminate the roots of difficulties in enforcing IP laws, awareness of protecting IPRs and abiding by IP laws should be improved. Also, the IPR enforcement system should be further perfected by, centralizing the power of IPR enforcement by merging the current executive bodies into fewer ones with certain focuses, increasing the severity of punishment against infringers of IPRs and cracking down against local protectionism.
7,700원
NOTE & COMMENT
6.
2012.11
구독 인증기관 무료, 개인회원 유료
Resorting to targeted killings as a measure of counterterrorism spawned a debate on their legality under both international human rights law and humanitarian law. This article attempts to justify the measure under the current body of international humanitarian law. It also claims that discrete acts of targeted killings may be legal provided the existence of specific circumstances and conditions. These conditions, however, make it extremely difficult for a State to legally pursue ‘a policy’of targeted killings against alleged terrorists, unless they are considered‘ legal combatants.’The article criticizes the practice of labelling terrorists as ‘unlawful combatants’ unworthy of protections afforded by both international human rights law and international humanitarian law, and argues the lack of compelling legal arguments that would prevent terrorists from being considered as lawful combatants in an armed conflict. Light is also shed on the United States’recent expansion of the drone program in a way that might indicate a gradual acceptance of the terrorist-ascombatant theory.
4,900원
REGIONAL FOCUS & CONTROVERSIES
7.
2012.11
구독 인증기관 무료, 개인회원 유료
The problem of illegal Chinese fishing and Chinese fishermen’s violent resistance to Korean law enforcement in the Yellow Sea have been a long-standing point at issue between Korea and China. It is not merely a problem of illegal fishing in Korean waters; this conflict could disrupt the integrity of the Exclusive Economic Zone and even undermine the friendly relations between the two countries. This article is to analyze the current status of the illegal Chinese fishing in the Yellow Sea and to provide a perspective on legal questions concerning the Korea-China Fishery Agreement to govern the fishery issue. This article suggests challenges ahead to solve the illegal fishing problem by examining factors causing the problem. It also provides a political perspective on the illegal fishing problem, which has become a highly newsworthy issue between Korea and China.
6,000원
8.
2012.11
구독 인증기관 무료, 개인회원 유료
The Sino-South Korea fisheries dispute is becoming increasingly intensified in recent years with occasional violent conflicts. The factors leading to this present situation include unsettled maritime delimitation, diminishing fishery resources, difficult relocation of Chinese fishermen, and the Korean coastguard’s rigidity, indifference, and even illegality in law enforcement. In order to solve the Sino-South Korean fisheries dispute, China should make efforts to improve its supporting measures applicable to the fishery industry, promote bilateral cooperation with South Korea, and establish a joint maritime enforcement mechanism.
4,800원
