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 ~ 2024
- 주제분류 사회과학 > 법학 사회과학 분류의 다른 간행물
- 십진분류KDC 341DDC 321
권호리스트/논문검색
제10권 제2호 (2017년 11월) 11건
1.
2017.11
구독 인증기관·개인회원 무료
The abandonment of wind and PV power has become the Achilles heel that restricts the development of renewable energy in China, which is associated with institutional defects in China’s Renewable Energy Law. As a priority area in energy development, renewable energy is not substantialized. Instead, it is undermined because the guarantee system for purchasing electricity, generated by the use of renewable energy resources, in full amount, is alienated by lower-level laws. The unestablished mandatory legal obligations and responsibilities in power grid transmission networks lead to difficulties in renewable energy power generation, transmission, and accommodation. Due to the lack of continuity and stability in the feed-in tariff and subsidy policies for renewable energy, investors cannot have reasonable expectations. China’s Renewable Energy Law must be remedied to correct these existing institutional defects, and to solve the problem of wind and PV power abandonment in order to promote the healthy development of renewable energy.
2.
2017.11
구독 인증기관·개인회원 무료
This paper discusses enactment and enforcing processes of the Japanese renewables Feed in Tariff (FIT) Law and its amendment of 2017. Thanks to the introduction FIT in 2012, the installed capacity of renewable energy is growing rapidly. As of 2015, the renewable electricity ratio in the generated electric power amount of Japan is 14.6 percent. Meanwhile, the levy burden (surcharge) reached JPY 2.1 trillion (aprx. USD18.7 billion). Through the enactment process of the FIT Law, the upper limit of the burden initially determined by the Japanese Diet was removed. A fundamental measure could not be taken to control the installation and the burden since the law does not allow for revisions on the system based on the results of renewable installation, even if the financial burden increases rapidly. Therefore, the Japanese Diet weakened the efficiency of the FIT Law in Japan.
3.
2017.11
구독 인증기관·개인회원 무료
The prohibition on torture has attained status as a peremptory norm of general international law. This gives rise to the obligation erga omnes to take action against those who torture. Despite this, most world states routinely conduct torture. Is there really a worldwide prohibition of torture? Argument is framed to demonstrate that the concept of a jus cogens peremptory norm, flowing erga omnes to all nations, is in practice unattainable, preventing any absolute and universal international law prohibition against torture. States cannot declare someone an enemy of all mankind, or bind all other states to that view. Jus cogens is a text writers’ municipal communis opinio, but held administratively to be based in customary international law. Any prohibition against torture appears to remain in municipal customary law form, breaches of which are proved as arguments based on fact, eliminating operation of any absolute peremptory governing norm.
4.
2017.11
구독 인증기관·개인회원 무료
Since its founding in 1949, the People’s Republic of China has acceded to more than 300 multilateral treaties. Among them, China made reservations to 83 treaties, accounting for nearly 27.7 percent of the total. Evidently, for China, formulating reservations to multilateral treaties is an issue of vital importance in the process of concluding and executing multilateral treaties. This paper examines the three main reasons why China inclines to formulate reservations to the treaties, then argues that the reservations formulated by China, whether in procedure or in substance, are not only in full conformity with the 1969 Vienna Convention on the Law of Treaties, but also full of Chinese characteristics. This paper also analyzes several specific reservations that China shall withdraw, and addresses the limitations of China’s existing treaty reservation system. Accordingly, this paper concludes that the Chinese government should improve and perfect its treaty reservation system with some suggestions.
5.
2017.11
구독 인증기관·개인회원 무료
The rapid developments of research and teaching of international law in China have attracted the attention of international law academics of the world, who have looked over the landscape of international law in China with great interest. Unfortunately, existing literature has yet to completely satisfy their interests in this aspect. This article is intended to compensate for this gap by introducing representative international lawyers, publications, academic associations and research funding schemes on international law in China. More concretely, this paper will show the mainstream research sources of their Chinese counterparts as well as embrace teaching as part of the research system of international law in China. It is expected that, with their more attention into the holistic research methodology and the “One Belt, One Road” strategy, the Chinese academia of international law will contribute more to the international rule of law.
6.
2017.11
구독 인증기관 무료, 개인회원 유료
North Korea’s nuclear weapons and missiles are an unprecedented threat to the security of the United States, which has never been attacked by weapons of mass destruction. Pyongyang’s provocations irritated President Trump and led him to openly consider military attacks against North Korea. The possibility of armed conflict between the United States and North Korea increased as both sides exchanged aggressive rhetoric. Military attacks against North Korea are virtually impossible in a legal as well as a practical sense. They will bring only disaster to all involved, including the US. The best way to resolve North Korea’s nuclear issue is to rehabilitate the multilateral channel for dialogue and then begin talks. What if President Trump, however, implemented military options against North Korea because of the nuclear weapons development? The focus of this essay is to explore whether Trump can adopt military options against North Korea and if so, what legal and political considerations he must take.
4,300원
7.
2017.11
구독 인증기관·개인회원 무료
In the last decade, more natural disasters have occurred than before in the world. The ASEAN regions are particularly prone to such disasters. Natural disasters can happen anytime and will be a more serious problem in an armed conflict area. In disaster management, humanitarian assistance of the international community is basically subject to the principle of state sovereignty. In a conflict area, however, the principle of sovereignty must be harmonized with the doctrine of responsibility to protect. How could the ASEAN countries accept the doctrine of the responsibility to protect during natural disaster management in an armed conflict? This paper aims to analyze the doctrine of responsibility to protect in the course of managing natural disaster of an armed conflict area in terms of lessons from the ASEAN countries such as Indonesia, Myanmar and the Philippines.
8.
2017.11
구독 인증기관·개인회원 무료
Part XI of the UNCLOS lays out the legal framework for deep seabed mining activities in the Area. Several countries have already passed domestic deep seabed mining laws fulfilling their obligations under the Convention and the regulations promulgated by the ISA, established under the Convention. China passed its own deep seabed mining law in 2016. China’s deep seabed mining law aims at securing effective regulation of its sponsored contractors’ deep seabed activities and ensuring the contractors’ compliance with the rules and regulations issued by the ISA. China’s law pays tremendous attention to marine environmental protection during contractors’ deep seabed activities. This paper briefly describes the legal regime for international seabed mining, then illustrates China’s legislative actions, examines the key environmental provisions of China’s deep seabed law and analyzes the balancing of interests of multiple parties behind China’s emphasis on marine environmental protection during the exploration and exploitation of deep seabed minerals.
9.
2017.11
구독 인증기관·개인회원 무료
Article 60 of the ICJ Statute provides a mechanism for interpreting a previous binding judgment in the event of dispute as to the meaning or scope of that judgment. Procedural legal issues such as jurisdiction and admissibility in interpretative proceedings under Article 60 are different from those in regular contentious or advisory proceedings before the ICJ. The Court has developed a set of concrete rules in its jurisprudence under the simple wording of Article 60 to adjudicate on these procedural issues. However, a case-by-case examination of the Court’s jurisprudence reveals that there is still no structurally clear and logically sound framework, because the ICJ fails to conceptually divide the issues of ‘power,’ ‘jurisdiction,’ and ‘admissibility’ in interpretative proceedings. In order to rectify this problem, this article proposes an analytical framework for the ICJ with a clearer conceptualization of the Court’s ‘power,’ ‘jurisdiction,’ and ‘admissibility’ under Article 60 to clarify the meaning of its previous judgments in interpretative proceedings.
10.
2017.11
구독 인증기관·개인회원 무료
HIV/AIDS is an important global issue in human rights and health. The United Nations Refugee Convention clearly addresses to guarantee healthcare rights to refugees at the same level as those provided to citizens. In Korea, the number of refugee applicants has surged since the enactment of the Refugee Act in 2012. Regarding human dignity and human rights, however, there are serious concerns that Korea’s healthcare laws and policies would not fully protect the right of foreigners who are suffering from financial hardship. This paper proposes the ways to improve healthcare equity by comparing the UNAIDS Guidelines to Korean policies on HIV-positive refugee applicants.
11.
2017.11
구독 인증기관·개인회원 무료
The paper defines the terrorist acts as a combination of factors that have a negative impact
on the economic, social and natural environment of society. The UNWTO is a hub for
these joint activities to organize tourism security. The distinguishing and novel feature
of the organization is that, whilst most organizations provide international security for
people permanently residing in a certain territory, the UNWTO interacts exclusively
with relocated persons. The work undertaken by the UNWTO specifies that the threat
in the tourism industry has a character of mutual exclusion in the aspect of presenting
political claims as the causes of terrorism and reducing economic and social indicators as
consequences of the activities of terrorist groups.
