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
제7권 제2호 (2014년 11월) 10건
ISSUE FOCUS
1.
2014.11
구독 인증기관 무료, 개인회원 유료
China has recently established a strategic goal of building herself into a maritime power. China’s pursuit of this goal is interconnected with the UNCLOS. However, China faces increasingly serious challenges resulting from the application of the UNCLOS, especially the provisions in relation to the EEZ and the new continental shelf, which were strongly supported by China herself at the UNCLOS III. Drawing lessons from the participation in the UNCLOS III, this article argues that the only option for China in response to the challenges is to transform her traditional position of a coastal State into that of a maritime power by actively applying and defending the relevant UNCLOS regimes as well as taking future law-making seriously on marine biodiversity, including the marine genetic resources, beyond national jurisdiction. At the same time, China should hold an open attitude in the revision of national laws which are arguably incompatible with the UNCLOS.
5,800원
2.
2014.11
구독 인증기관 무료, 개인회원 유료
As maritime criminal activities are increasingly committed across the borders, States have come to establish mechanisms of international cooperation to be implemented in territorial seas. This article examines such mechanisms with regards to the crime of piracy and armed robbery at sea from the perspective of public international law. This article tackles the significance of the mechanisms imposed on the zonal approach, particularly paying attention to the nature of these crimes. It concludes that under the frameworks, States are allowed to pursue various objectives such as securing the safety of navigation, maintaining security, or protecting the local economy. They do not, however, fundamentally alter the nature of the zonal approach. Nonetheless, by setting up a forum of dialogue between the coastal States and the user States, it promotes maritime governance of territorial seas.
4,900원
ARTICLES
3.
2014.11
구독 인증기관 무료, 개인회원 유료
IP litigations over mobile digital devices are soaring in many jurisdictions. Based on the observation that the same or closely related infringement claims over the IP rights embedded in a single digital product have been raised in multiple jurisdictions, some literature and legislative proposals suggest that an international jurisdiction over such litigations are necessary. This article aims to explore practical roadmaps to establish public international “conflict of laws” that can serve administering IP dispute resolution among MNCs. The author will start by reviewing both public international laws on IPRs including the Paris Convention, PCT, the Geneva Convention, the TRIPs, and their private counterparts. Institutional aspects of the WTO and the WIPO administering such as public international IP laws will also be examined. Agreeing with the proposed idea of establishing ‘public’ private international IP laws, this article will propose a more practical roadmap to establish time and cost efficient IP dispute resolution mechanism: the IP5 Collaboration Model.
6,700원
4.
2014.11
구독 인증기관 무료, 개인회원 유료
Although China has been an active ‘treaty-maker’ in the realm of international investment arbitration as evidenced by its more than 120 bilateral investment treaties, the utility of these BITs has been very limited. Substantive standards such as expropriation and compensation have never been comprehensively tested with respect to these BITs. This article scrutinizes the concept of expropriation by reference to Chinese investment treaty jurisprudence, in particular, the final award of Tza Yap Shum v. The Republic of Peru and China’s free trade agreement with Peru, the only Chinese BIT-related ICSID case. This article critically examines, in a comparative context, the treaty interpretation methodologies employed by the tribunal in interpreting expropriation under the China-Peru BIT, which is one of the earlier Chinese BITs. A thorough study of this subject is of great significance to interpreting the terms of indirect expropriation and compensation in Chinese BITs, thereby offering more concrete foreign investment protections based on investment treaties.
6,900원
NOTES & COMMENTS
5.
2014.11
구독 인증기관 무료, 개인회원 유료
The scope of the maintenance of international peace and security has been increasingly widened by the United Nations Security Council in response to actions taken not only by the Member States but also in some cases by the individuals. In fact, a range of actions and decisions were taken by the Security Council, approximately in the late 1990s and after the so-called 9/11 attacks in the context of combating terrorism, as well as in other contexts against the member States. In consequence, the affected States and individuals had to seek redress from international or national courts on different grounds such as violations of human rights. This has led the domestic courts to develop novel jurisprudence. Thus, it is necessary to pay due attention to the jurisprudence created by these courts. This paper is devoted to analysis an interpretation by the High Court of Singapore in relation to sanctions resolutions of the Security Council against Iran.
5,100원
6.
2014.11
구독 인증기관 무료, 개인회원 유료
International arbitration, as a neutral, flexible, efficient and binding legal means of dispute resolution, has been effective in settling maritime delimitation disputes, especially in recent years since the UNCLOS came into force. There are a number of reasons (i.e. advantages) for its increased popularity. Reasonable expectations thus arise as to its applicability onto similar maritime delimitation disputes of the East Asian countries whose diplomatic efforts have mostly failed to address these matters. This article examines this practical issue primarily from the legal perspective by reviewing relevant international rules including the UNCLOS provisions on compulsory dispute resolution and cases such as the ongoing Philippines-China arbitration over the South China Sea. Observations are also made from the political and cultural perspectives as well. It concludes that, though multiple dispute settlement means are still encouraged, international arbitration could be an important alternative for East Asian countries seeking a peaceful solution to their maritime delimitation disputes.
4,800원
REGIONAL FOCUS & CONTROVERSIES
7.
2014.11
구독 인증기관 무료, 개인회원 유료
The Doha Climate Gateway launched the second commitment period of the Kyoto Protocol and restated the vision of a new global agreement binding all countries. To reach the goal of the new agreement and further to save the Earth, the principles regarding CBDR of UNFCCC and the Kyoto Protocol may need a reflection and reinterpretation. The common responsibility would be emphasized more than before, and the differentiated responsibility might improve the feasibility to be operated considering the principles of equity and respective capabilities. In climate change conferences, China has shown its flexibility on the issue of a new agreement. As a developing responsible power, China should contribute to addressing climate change upon the call of common responsibility, but it also needs an appropriate differentiated treatment according to its capability.
5,800원
8.
2014.11
구독 인증기관 무료, 개인회원 유료
Although in 2011 Japan finally decided not to participate in the second commitment period of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, under the principles of sustainable development and common but differentiated responsibilities, it has probed the ways in which the ‘ultimate objective’ of the UNFCCC will be realized in the international community. With regard to socalled ‘emissions trading,’ since the middle of the 2000s, Japan has continuously adopted various methods and approaches for domestic emissions trading at local and central government levels. This article analyzes Japan’s recent efforts in introducing emissions trading schemes and finally refers to the Joint Crediting Mechanism, which covers the period until a future new agreement under the UNFCCC comes into effect.
4,300원
9.
2014.11
구독 인증기관 무료, 개인회원 유료
In 1997, the Kyoto Protocol was established as the first global treaty imposing legallybinding targets on the developed countries, imploring countries to curb greenhouse gases emissions from 2008 to 2012. In 2012, the Doha Amendment was agreed upon to extend KP for seven more years, from 2013 to 2020. However, it is not yet in force due to lack of ratification. The UN is trying to build a new international climate change system to succeed KP, which will encompass both the developing countries and the developed countries after 2020. The US, China, the EU and Japan are the four largest GHG emitters. Through the first period of KP, the international climate change system became an international political and economic network, creating new paradigms for energy resources, ways of life, carbon market, and economic development, et cetera. This article will show some of the underlying political and economic dynamics and responses of those four countries and Korea around the Post- KP negotiations.
4,800원
STUDENT CONTRIBUTION
10.
2014.11
구독 인증기관 무료, 개인회원 유료
To address greenhouse gas emissions from international shipping, the International Maritime Organization has adopted technical and operational measures, and discussed the possibility of adopting market-based measures. China, Japan and South Korea are major shipbuilding nations in the world, and have differing responses towards the IMO’s regulatory initiatives. This paper conducts a comparative assessment of these three countries’ positions on regulatory principles of the greenhouse gas issue, and concludes that their differentiated perspectives on this matter reflect their different regulatory interests. It is significant to take their differentiated interests into account in the developing regulatory regime to avoid disproportionate burdens being placed on certain countries, in particular developing countries.
5,700원
