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
제15권 제1호 (2022년 5월) 11건
1.
2022.05
구독 인증기관 무료, 개인회원 유료
but interpretation and application of the relevant provisions differ, and the views expressed on them still leave ample room to be unilaterally interpreted and applied. So, it is undeniable that conflicts over ocean waters among the concerned countries are serious and difficult to overcome. To solve these problems, the UNCLOS calls for the countries concerned to make every effort to enter into provisional arrangements of a practical nature. Korea and Japan have maritime boundary problems in the waters surrounding the Korean peninsula, and so, in order to solve those problems, both nations established a joint development zone (JDZ) in the East China Sea in 1974. The zone can be terminated in 2028. Therefore, this study examines and analyzes the impact of the JDZ agreement between Korea and Japan over the East China Sea as to the delimitations of the continental shelf/EEZ
6,100원
2.
2022.05
구독 인증기관 무료, 개인회원 유료
The variation of countries’ industrial policies and political strategies in a multipolar world brings the investor-state dispute settlement (ISDS) regime to a crossroad. Backlash to the inconsistency, non-transparency, partiality and unfairness of the ISDS regime results from the states’ changing interests and policy priorities, including the rising awareness of democracy. In pursuing the benefits of multilateralism, a multilateral investment court can serve as an alternative to the current investment arbitration regime. States need to clarify the scope of consent based on their political economic considerations. Substantial investment protection standards can be different, whereas the principle of proportionality can serve as an approach to the balance between investment protection and states’ policy arrangements. Meanwhile, there should be efforts to align the interpretation and application of key provisions, possibly through interpretation notes and an appellate body that reviews arbitral decisions, to generalise implicit consensus and to broaden collective acceptance of the regime.
7,000원
3.
2022.05
구독 인증기관 무료, 개인회원 유료
The WHO reported the Covid-19 outbreak infected 486,761,597 people, involving 6,142,735 deaths worldwide as of 1 April 2022. This contagious disease has spread rapidly throughout the world, including Malaysia. Since the outbreak in Malaysia began in March 2020, the Movement Control Order (MCO) has been implemented nationwide, leaving a significant impact on its citizens, non-citizens, as well as refugees. There is some exploitation of refugees, where enforcement officers are targeting them for criminal offences. Stakeholders claimed the Malaysian government did not provide any assistance to refugees during the pandemic, including health care and economy. This article examines Malaysia’s responsibilities as a host country to refugees during the Covid-19 outbreak. The Malaysian government is proposed to continuously support refugees on humanitarian grounds based on the country’s economic development capabilities. This paper will look into the current situation of the Refugees in Malaysia; discuss the challenges that the Refugees in Malaysia are facing; analyse the legal framework governing the status of refugees; and check the responsibility Malaysia should assume as a host country.
4,900원
4.
2022.05
구독 인증기관 무료, 개인회원 유료
Corporate Social Responsibility (CSR) means transnational corporations (TNCs) are responsible for not only the interests of their shareholders, but also the interests and welfare of the local community of the area in which they operate. Therefore, TNCs have to furnish the local community beneficial and social services voluntarily and free of charge to help the local community achieve sustainable development. A question may arise whether it is legally feasible to oblige these corporations to abide by social responsibility in oil and gas industry and its resources specially petroleum laws, regulations and contracts as well as international investment treaties. This article shows that basically CSR in oil and gas industry is voluntarily enforced by TNCs who perform it for non-binding and moral reasons. Nonetheless, in oil and gas industry and its sources especially petroleum laws and contracts, it is feasible to require TNCs to undertake CSR and various dimensions therewith.
4,900원
5.
2022.05
구독 인증기관 무료, 개인회원 유료
Global Internet Access from the Low Earth Orbit: Legal Issues regarding Cybersecurity in Outer Space
The emergence of global internet access from the low Earth orbit (LEO) comes with cybersecurity vulnerabilities. Under international space law regimes, the concept of cybersecurity in outer space remains ambiguous. Furthermore, cyberattacks affecting the era’s thoroughly segregated computer space systems were unimagined. Cyber borders are not the same as physical borders. Cyberspace does not admit the demarcation of territorial sovereignty, as it is not based on physical location, and assigning territorial sovereignty to cyberspace is time-consuming. This research proposes the concept of a multi-stakeholder international legal regime for space cybersecurity, as establishing cybersecurity standards and risk management mechanisms necessitates technical measures and a regulatory framework. International cooperation is the only way to provide a fully coordinated approach to cyberspace protection which is consistent with the fundamental premise of international cooperation and collaboration in space.
4,900원
6.
2022.05
구독 인증기관 무료, 개인회원 유료
The present research examines the fairness of the liability of ‘total’ in absentia trials within three specific circumstances. First: the accused is given sufficient notice of the trial and their right to decline to be present. Second: the accused must have a defence counsel advocating them in the trial. Third: the accused’s absolute right to re-trial should be protected once the judgment has been passed in absentia. The main research question to discern the hypothesis is that the accused can be tried in absentia under international criminal tribunals. Therefore, the focus is on answering which procedural scenarios could be counted as “an absence of the defendant.” The present research questions will be analyzed by examining the practice of the Special Tribunal for Lebanon (STL), its theoretical safeguards enshrined in the Statute, and the legal standards from human rights bodies’ jurisprudence.
6,100원
7.
2022.05
구독 인증기관 무료, 개인회원 유료
The War on Terror launched by the US against Islamic terrorist groups persisted through the Bush-Obama-Trump administrations for nearly 20 years before President Biden completely withdrew the US forces from Afghanistan by the end of August 2021. These military interventions are noticeable examples of American unilateralism in the Middle East. The War on Terror has been severely criticized by the global community as military actions without just cause and lacking grounds under international law. This research aims to critically evaluate the War on Terror in terms of legal and political theories of war now that twenty years of American unilateralism in the Middle East is over. In this article, the author examines other underlying reasons for, and the outcomes of, the war against terrorist groups. He will also suggest peaceful means to fundamentally resolve the Middle East conflict with a view to preventing war in other world regions.
5,800원
8.
2022.05
구독 인증기관 무료, 개인회원 유료
The United Nations Convention on the Law of the Sea (UNCLOS) has been ratified by 168 countries. Among these countries, Indonesia is one of the most notable states concerning compliance with the provisions of the UNCLOS. However, the aggressive actions exhibited by countries seeking to become world hegemonies have resulted in the violation of the Convention. Therefore, this research aims to critically analyse the problems associated with any violations of sovereignty and sovereign rights by foreign research vessels which are conducting commercial and military navigation in Indonesian waters (territorial sea with the archipelagic waters and the inland waters). This research shows that the spirit of the Djuanda Declaration constituting the main principle of the Indonesian Republic is a legal ground for defending the national interest of Indonesia as an archipelagic state. This is the key to maintaining the integrity of sovereignty and national interest.
4,000원
9.
2022.05
구독 인증기관 무료, 개인회원 유료
This edited volume of 127 pages on legal education and legal traditions is divided into eight essays. Legal education encompasses a myriad of topics spanning from economics to sexual behaviour and reflect various legal traditions, which are philosophical in nature. The traditions taken from the western European legal systems reach as far back to the Greeks highlighted in works by Aristotle and Socrates, followed by European medieval philosophers of various religious traditions, namely Thomas Aquinas (Roman Catholic), St. Augustine (Roman Cathlic) and Baruch Spinoza (Hebrew) as well as 17th-18th century’s European political philosophers such as Rousseau and Locke. These laws and traditions have been imported into Southeast Asian (SE) countries via the British colonialisation. These traditions do not consistently prevent the political and constitutional turmoil in some SE Asian countries under dictatorships that trample on rule of law and human rights. Morality plays a role in the law, yet it never stays the same through the ages; the law must deal with changing morality, such as attitudes towards slavery or homosexuality.
4,000원
10.
2022.05
구독 인증기관 무료, 개인회원 유료
The eighth Secretary-General of the United Nations Mr. Ban Ki-moon, after serving 10 years retired on January 1, 2018. His memoirs, “Resolved Uniting Nations in A Divided World” were published in 2021. Ban Ki-Moon is the only UN Secretary-General who was born and brought up in a country that not only was a victim of an invasion but also for the first time in the history of the UN, the Organization itself was directly involved in countering the invasion. Ban Ki-moon’s memoirs narrates articulately and compassionately many issues that divide the world. The efforts and ‘resolve’ of the eighth UN Secretary-General to solve, ‘resolve’ and to improve the human condition (so to speak) is reflected in the optimistic sentiment expressed in the concluding sentence of his book: “[t]ogether our mission is possible.”
4,000원
11.
2022.05
구독 인증기관 무료, 개인회원 유료
“A Concise History of International Law in China-Conflicts, Fusion, and Development” presents a panoramic view of international law in China. The book historically reviews the origin and development of international law in China, discusses China’s contribution to the theory and institutional innovation of contemporary international law, and looks forward to the future of international law in China and the world. More concretely, this book pays attention to the development history of China’s international law scholarship; closely follows the latest trends in China’s international law research; and guides further research. A careful review of the book will provide the readers with a panoramic view of the history of China’s international law. It is not only an important treatise on the history of international law in China but also an indispensable reference for theoretical and practical circles with bibliography.
4,000원
