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
제16권 제2호 (2023년 11월) 12건
1.
2023.11
구독 인증기관 무료, 개인회원 유료
Central bank digital currency (CBDC) is generally defined as the digital form of a country’s fiat currency. Based on the distributed ledger technology and other financial technology, CBDC could improve the efficiency of domestic and cross-border payments, increase payment safety and soundness, and promote financial inclusion. However, it is argued that the introduction of CBDC would threaten data security and invade personal privacy. Currently, this issue has received growing concern, and some recommendations are proposed by countries or international organizations, like privacy design, restrictions on public authorities and payment intermediaries, and establishing independent supervisory authority. Other suggestions include getting countries involved in international coordination and promoting the formation of unified standards. Among major economies, China is the first to launch CBDC, which is known as e-CNY. Based on an overview of the privacy protection legislation in China, this article attempts to describe the rules that should be followed when dealing with personal data generated in e-CNY circulation.
5,800원
2.
2023.11
구독 인증기관 무료, 개인회원 유료
The development of autonomous ships relies heavily on the Internet technologies, which have introduced a new type of risk to the shipping industry. Increasing dependence on the Internet computing and satellite communications makes cybersecurity a significant consideration for the current operation and future development of autonomy technology in the shipping industry. Cyber risks will be a more critical issue for maritime autonomous surface ships (MASS). This research identifies current international regulatory issues concerning cybersecurity in MASS, and exam ines potential regulatory improvements for the effective prevention and control of potential cyber risks. In terms of improvements, the authors suggest the adoption of a mandatory goal-based MASS code that constitutes an independent cyber risk management, separate from existing safety management systems based on the International Safety Management code. In addition, the SUA Convention for the suppression of unlawful acts against shipping must be revised to actively respond to cyber-crime as an emerging threat in the era of MASS.
5,200원
3.
2023.11
구독 인증기관 무료, 개인회원 유료
AI-driven technology is becoming an integral part of our daily lives, spanning from smart home devices to social media platforms. However, the uneven distribution of AI technologies could result in a scenario where certain groups exert dominance over the direction of AI development. The consequences of inequality in AI evolution could further exacerbate existing economic gaps by concentrating benefits among a privileged few with access to advanced AI technologies. To address this question the, international communities should come forward and regulate the just development of AI with new and existing international laws. Although the existing international legal frameworks can be adapted to address AI-specific issues without the need for entirely new laws, however, the novel challenges presented by AI require unique and new international laws. Issues such as data sovereignty, data privacy, and data localization are areas where international laws and agreements need to evolve to accommodate the just development of AI.
4,900원
4.
2023.11
구독 인증기관 무료, 개인회원 유료
Recently, China has published the “Security Assessment Measures for Outbound Data Transfers,” a crucial regulation on outbound data flows. This regulation contains strong national security considerations and produces independent and direct legal effects compared with other assessment systems in China’s laws. However, there is a possibility that conflict arises between these measures and the international commitments made by China due to the ambiguity in how "critical data" is defined, the excessive emphasis placed on self-risk assessment, and the arbitrary extension of procedures. Particularly, with China's current application to join the CPTPP, the restrictive measures of its cross-border data flow may appear to violate the obligation of CPTPP, but may be justified through CPTPP’s exception clauses. In light of this, it is necessary for China to adopt a more modest approach to balancing data security with the effort made to promote the flow of cross-border data.
4,900원
5.
2023.11
구독 인증기관 무료, 개인회원 유료
This paper presents factors to consider when designing DeFi regulations. DeFi regulations may be established by imposing obligations on developers and operators, who exist even in extreme decentralization cases. However, the requirements in current financial legislation, which heavily rely on intermediaries’ organization and personnel, are difficult to apply to DeFi. Instead, under DeFi, information can be obtained, analyzed, and aggregated on the blockchain and reported to the authority automatically and regulatory requirements may be reflected in the smart contract and automatically executed. This may require mandatory code audits by supervisory authorities and civil technology experts prior to execution, to check whether legal requirements are embedded in the code. In addition, measures addressing the risk-contagion effects in macroeconomic crisis, potentially arising from DeFi’s connectivity with traditional finance, must be considered.
5,200원
6.
2023.11
구독 인증기관 무료, 개인회원 유료
As the Association of Southeast Asian Nations (ASEAN) becomes an influential actor in international investment rule-making, this article scrutinizes the environmental provisions within ASEAN investment agreements and evaluates their adequacy in preserving ASEAN member states’ (AMS) regulatory autonomy for environmental protection. Through a comprehensive survey of fifteen plurilateral investment agreements, the study conducts a comparative analysis with international treaty practices to determine the effectiveness of these provisions in reconciling environmental concerns with foreign investment promotion objectives. These findings reveal that environmental provisions in ASEAN investment agreements are often vague or narrowly tailored, limiting their ability to provide adequate regulatory space for AMS to implement necessary environmental measures. This article concludes by offering recommendations for enhancing environmental provisions in future ASEAN investment agreements to ensure a more balanced approach safeguarding both investment promotion and environmental regulation rights of AMS.
5,500원
7.
2023.11
구독 인증기관 무료, 개인회원 유료
Aryuni Yuliantiningsih, Ade Maman Suherman, Noer Indriati, Wismaningsih, Baginda Khalid Hidayat Jati, Kartono
The legal status of Biodiversity Beyond National Jurisdiction (BBNJ) has been regulated through the High Seas Treaty as a common heritage of humankind. However, there still exist problems related to overlapping areas above the Extended Continental Shelf (ECS). In such areas, a significant continental shelf would fall within national jurisdiction, whereas the water column would be under the regime of the high seas, and BBNJ would be the common heritage of humankind. We argue that, in order to address the overlapping of areas within the superjacent waters in the ECS, a given sui generis status is required, so that the coastal state has a sovereign right to conserve the BBNJ in these areas. This study concludes that the sui generis arrangement should be implemented in the context of an overlapping ECS and its water column. The efforts of the Indonesian government to extend the continental shelf beyond 200 nautical miles constitute an important step in preserving natural resources for future generations.
5,200원
8.
2023.11
구독 인증기관 무료, 개인회원 유료
Indonesia is a disaster-prone archipelagic country and one of the world's largest emitters. Climate change has increased the risk of disasters in Indonesia, such as rising sea levels leading to floods. This is undoubtedly a threat to the Indonesian population in coastal areas and small islands. They will be forced to become Internally Displaced Persons (IDPs) if sea levels continue to rise and drown their houses. The number of IDPs in Indonesia has increased significantly in recent years. While IDPs have a legal status and are entitled to protection from the state, there is unfortunately no specific provision for IDPs due to climate disasters in Indonesia. This article examines the legal protection afforded to IDPs in Indonesia as a result of climate-related disasters; deals with the existing legal framework for IDPs; and assesses its adequacy in addressing the specific challenges faced by climate-related IDPs.
6,100원
9.
2023.11
구독 인증기관 무료, 개인회원 유료
This research examines the rescue of refugees at sea in the context of international law and human rights. The article focuses on the search and rescue obligations outlined in the United Nations Convention on the Law of the Sea. The article also discusses other international initiatives relevant to the rescue of refugees at sea, including the International Convention for the Safety of Life at Sea and the Global Compact on Refugees. The challenges surrounding the rescue of refugees at sea are also analysed, including issues such as delays and refusals in assistance. The authors further explore disagreements over responsibility and jurisdiction in rescue operations involving refugees. Finally, the article underscores the need for a comprehensive understanding of international legislation and basic humanitarian principles when addressing the rescue of refugees at sea. It offers insights into potential solutions for addressing the challenges and controversies encountered in these rescue operations.
5,800원
10.
2023.11
구독 인증기관 무료, 개인회원 유료
As a treaty obligation and customary international law, universal jurisdiction is crucial in the global fight against impunity. While Western countries have been at the forefront, actively expanding and developing universal jurisdiction, East Asian countries have adopted a more conservative approach, emphasizing state sovereignty. This article begins by exploring the theoretical construction, legal frameworks, and state practices of East Asian countries (China, Korea, and Japan) when exercising universal jurisdiction, highlighting the typical differences between these countries and Western countries. It is then observed that the passive universal jurisdiction system in East Asia is deficient in defending state interests or counteracting other countries’ inappropriate extraterritorial jurisdiction. Accordingly, this article advocates a more proactive approach to the application of universal jurisdiction in East Asian countries. By doing so, while assuming responsibility to prevent impunity, the state can use universal jurisdiction as a legitimate countermeasure and reprisal in reciprocal international relations.
5,200원
11.
2023.11
구독 인증기관 무료, 개인회원 유료
The Syrian crisis has been persisting for more than eleven years, but shows no signs of resolution or end yet. Various reports from the United Nations and other reputable organizations have extensively documented a multitude of atrocities perpetrated by all factions involved in the conflict. This article examines the Syrian crisis from a perspective of international law. The author analyses the legal justifications put forward by the parties involved in the conflict, including humanitarian intervention, the responsibility to protect, etc. This research paper employs an analytical and descriptive research methodology. The finding concludes that the Syrian Civil War is not likely to be over for the foreseeable future in spite of many efforts under international law. The author also finds that there have been numerous violations of international law by both sides in the conflict related to human rights and humanitarian protection.
4,300원
12.
2023.11
구독 인증기관 무료, 개인회원 유료
Since Russia-Ukraine war, India and the United States has enhanced their cooperation as evidenced by the recent engagements. Multiple meetings by officials and leaders including two Quad and 2+2 dialogue summits, have provided a clear stance on each country’s perspective on the recent conflict. The US-India dispute regarding Russia-Ukraine war demonstrates that it is a stress test for the US-India ties, as well as a test of the US leadership in the global politics. The balancing act required to settle the differences between the two countries will have implications for the Indo-Pacific region as well as global security, even though the disagreements are not yet mutually incompatible. Strengthening ties with the US is now a tightrope walk for India. While there are differences between the two countries in Ukraine, the real challenge is turning these differences into opportunities. The paper deals with the different issues arising from the Russia and Ukraine conflict in the context of US-India interface.
4,300원
