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
제8권 제2호 (2015년 11월) 9건
ISSUE FOCUS
1.
2015.11
구독 인증기관 무료, 개인회원 유료
So far, eight rounds of China-Japan-Korea FTA negotiations have been conducted. From 2015 on, the negotiations are expected to make great progress. Accordingly, CJK FTA has drawn increasing attention of scholars from multidimensionality. Still, there lacks concerns over the possible arrangement of each specific issue under such framework. Building on prior scholarship, this paper attempts to view such fragmented debate from the perspective of building a new international economic order. It suggests a developing track for CJK FTA to consider in designing its details: WTO→CJK FTA→RCEP(OBOR)→TPP→A New Multilateral Order. Only by so viewing can the important trilateral FTA play an appropriate role in future regional and global governance, so as to obtain the Asian voice in restructuring the international rules. Based on that, this paper further exemplifies a possible stepping stone regarding regional antidumping regimes and proposes adopting the WTO ADA Plus in CJK FTA. Such a proposal would become a crucial ‘blueprint’ for restructuring the multilateral ADA mechanism.
6,000원
2.
2015.11
구독 인증기관 무료, 개인회원 유료
“The rise of China” is a critical issue of the twenty-first century’s world politics. China is leading the new bipolar system in the post-Cold War period with the US. As the American dominance in East Asia became weaker, the old containment could not be fully implemented anymore. As a result, a new comprehensive strategic initiative covering the whole Pacific coastal States is being adopted. The outcome of this transformation is the Trans-Pacific Partnership (TPP), which was reached on October 5, 2015. This article aims to analyze the newly arisen TPP as a post-Cold War strategic alliance of East Asia. The TPP is a mega regional trade agreement. Its predictable legal setting is thus indispensable for the peaceful coordination of competition between both sides. The TPP could be a firm ground for the stability of this region, sharing the vision of cooperation, not confrontation in the future.
7,000원
3.
2015.11
구독 인증기관 무료, 개인회원 유료
In the international trading system today, regional trade agreements, referring to reciprocal trade agreements between two or more countries providing exclusive trade preferences, govern not only the trade relations among the parties to the RTAs, but also form additional sets of trade disciplines. These agreements exist parallel to the multilateral trading system under the auspices of the World Trade Organization. The GATT/WTO rules authorize RTAs under certain conditions; thus on the surface, RTAs appear to be a legitimate part of the WTO system. However, in substance, the preferential terms of trade in RTAs are essentially in conflict with the most important principle of the WTO system, the most-favored-nation treatment. The current proliferation of RTAs thus makes exclusive RTA preferences, which are supposedly an exception to the MFN principle, a rule rather than an exception. This article examines GATT/WTO rules on RTAs, addresses the potential conflict between RTAs and the WTO system with potential solutions, and analyzes RTAs from the development perspective.
5,500원
ARTICLES
4.
2015.11
구독 인증기관 무료, 개인회원 유료
The concept of self-defense takes such an important place in the UN Charter and international law. The concept of collective self-defense should also be interpreted and applied within the clear parameters of stated principles of the UN Charter. This is not a concept that can be elastically applied so as to cover a wide range of instances that require military action by like-minded States acting in response to contingent situations. The discussion of collective self-defense within the specific context of Japan at the moment, however, seems to involve issues larger than or beyond the traditional concept of self-defense. Arguably, some aspects of the issues posed seem to fall under the collective security realm which is reserved to the authority of the UN Security Council or which at least requires authorization or delegation from the Security Council. Using the term collective self-defense to address a wide spectrum of military contingencies to be tackled by collective security regime may not square with the provisions of the UN Charter.
5,500원
5.
2015.11
구독 인증기관 무료, 개인회원 유료
This article examines two questions: (1) whether the Production Sharing Contract in oil and gas sectors between different countries should be considered as an international agreement or a private agreement; and (2) how to formulate uplift in the PSC which contains the value of equity for investors and the State. In the Production Sharing Contract, there is problem of setting the tax on oil and gas sector particularly uplift policy relating to the taxation of income in the state revenue sources. This issue is related to the return of controversy of operational costs recognized by the contractor (cost recovery claim). This tax controversy gave rise to uplift that is only levied on oil and gas State owned Enterprises contracting partners in the scheme of the Joint Operating Body, especially in the old fields with advanced technology (Enhanced Oil Recovery). The controversy is related to the declining production and increased production costs that are recognized by the contractor.
5,400원
NOTE & COMMENT
6.
2015.11
구독 인증기관 무료, 개인회원 유료
The MV Arctic Sunrise, a vessel bearing the flag of the Netherlands, was detained by Russian authorities. The Netherlands instituted Annex VII arbitral proceedings against the Russian Federation and requested the International Tribunal for the Law of the Sea to prescribe provisional measures for the immediate release of the vessel and its crewmembers. On January 22, 2013, the Philippines instituted arbitral proceedings to challenge China’s claims over the South China Sea and the underlying seabed. Both China and Russia claim that the tribunal in question does not have jurisdiction, and neither of them appeared before the tribunal. This article offers an analysis of the facts and reasoning in the Arctic Sunrise case concerning Russia’s declaration and its nonappearance. Furthermore, this article explores the relevant provisions of UNCLOS and relevant views, as well as attitudes of ITLOS towards certain issues.
4,600원
REGIONAL FOCUS & CONTROVERSIES
7.
2015.11
구독 인증기관 무료, 개인회원 유료
Canada and China’s new Foreign Investment Promotion and Protection Agreement (“CC-FIPA”) came into force on October 1, 2014. This work discusses some of the main benefits to be gained from building stronger investment relations between Canada- China, as well as a Canadian perspective on the main investment risks that are most likely to impede either country from achieving the full potential in their investment relations. Against this backdrop, this work then examines those provisions in the CCFIPA that are most central to promoting Canada-China investment benefits, as well as those provisions that are most relevant to protecting against the investment risks in Canada-China relations.
5,500원
8.
2015.11
구독 인증기관 무료, 개인회원 유료
A Revisit to China’s Foreign Investment Law: With Special Reference to Foreign Investment Protection
Three foreign investment laws of China were enacted when she was mainly a capitalimporting state. The main purpose of these laws was to boost the Chinese economy with the capital, technology and management of foreign investors. Many preferential treatments, rather than national treatment, were given to foreign investment especially before the country joined the WTO. Following the reform of market economy, fair and equal treatment to foreign investors are replacing the preferential treatments. A new draft of Foreign Investment Law was released in the spring of 2015 to reform the governance of foreign investment by granting national treatment to foreign investors in both admission and operation. The restrictions to foreign investment will be subject to the categories of special administrative measures, which are composed of forbidden and restrictive categories. This is going to be China’s biggest reform on the legal system of foreign investment since 1980s.
6,000원
STUDENT CONTRIBUTION
9.
2015.11
구독 인증기관 무료, 개인회원 유료
Transnational terrorism in the twenty-first century is a unique threat that has sparked equally unique responses from nations at the receiving end of it, particularly the US. Some of these responses, however, have ignored both provisions of international law and the political realities prevailing in regions of Pakistan where the Drone strikes have been conducted. This poses various policy problems as the US has continuously used legal lacunae in international humanitarian law to carry on its “war on terror.” This paper addresses the problem by proposing a new form of armed conflict known as “transnational armed conflict,” which accounts for the unique nature of a conflict between a State and a non-State actor operating from the territory of another State. It allows for the setting of appropriate impact and assessment thresholds that could effectively bring such countermeasures in compliance with the accepted principles of international humanitarian law.
6,000원
