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
제14권 제2호 (2021년 11월) 8건
1.
2021.11
구독 인증기관 무료, 개인회원 유료
As a semi-enclosed sea, the Yellow Sea is shared by costal states such as China, South Korea and North Korea which have common interests in this maritime area. This situation requires special attention and mutual efforts for the protection and preservation of the coastal waters and marine ecosystem. The Yellow Sea contains many shipping routes, and it is potentially exposed to the risks of vessel-source pollution. This research has examined how the Yellow Sea states have implemented the International Maritime Organisation conventions relating to vessel-source pollution at the domestic level through a comparative legal study. The objective of this research is to understand current national laws of the Yellow Sea states dealing with the prevention of vessel-source pollution and to emphasize the necessity of regional efforts and cooperation to implement global regulatory instruments in order to protect and preserve the marine environment from the threats of international shipping activities.
6,400원
2.
2021.11
구독 인증기관 무료, 개인회원 유료
Since the Japanese government recently unveiled a plan to release radioactive water into the ocean, the neighbouring countries have expressed concerns. In particular, certain environmental groups claimed that the execution of this operation would have a significant impact on the marine environment in the region. In light of significant potential risks, this article argues that such an operation is likely to trigger an international dispute at an international court or tribunal for several reasons. Accordingly, this article would like to explore the highly likely international litigation. First, the background of this potential international litigation, including the reasons why the operation may end up at an international court or tribunal are addressed. Subsequently, certain legal and factual issues that are expected to be contested between the parties at the court or tribunal are discussed. Finally, this article discusses some of the expected outcomes of this likely international litigation, including reparation.
6,400원
3.
2021.11
구독 인증기관 무료, 개인회원 유료
In a region fraught with tensions and conflicts, the South China Sea Arbitral Award Case (Case) concerned maritime conflicts between the Philippines and China, an inter-State, non-consensual, ex-parte arbitration under Annex VII of the UN Law of the Sea Convention (UNCLOS). The Case went against China. The Annex VII Tribunal decision of first and last instance, was final and without appeal. However, to the authors, the Case drew attention to the inherently unfair provisions of an exparte hearing under Annex VII that violates the principle of natural justice and casts uncertainty on the role and future of mandatory conciliation under the UNCLOS. These omissions are addressed here. Noting these omissions and limitations, to restore regional goodwill, ameliorate conflicts and tensions, and promote dispute settlement, a solution in mandatory conciliation is proposed -“A Partnership in Comity and Conciliation for the South China Sea”- with its provenance rooted in international law.
6,400원
4.
2021.11
구독 인증기관 무료, 개인회원 유료
The Hague Conference on Private International Law (HCCH) is the oldest active international organization with legal capacity in the progressive unification of Private International Law (PIL). The HCCH aims to progressively unify PIL to address legal problems in the form of universal regulations. Thailand is aware of the significance and importance of co-operation in PIL, as shown by the accession of Thailand to the HCCH in 2021. This article will examine Thailand’s situation with a technique employed by Charles Dickens in his heartwarming story, ‘A Christmas Carol,’ which examined one character’s experience with reference to events in the past, the present, and the future. The past will be examined through the genealogy of PIL and the experience of Thailand before joining the HCCH. The present will address the status of Thailand in the HCCH. The future will be discussed as suggestions for Thailand after becoming a Member of the HCCH.
5,800원
5.
2021.11
구독 인증기관 무료, 개인회원 유료
Article 69(7) of the International Criminal Court Statute develops a specific rule to exclude evidence and thus ensure evidentiary reliability and procedural integrity before its proceedings. China has introduced the exclusionary rule of illegally obtained evidence that places an overriding priority on pursuing factual accuracy, because the rule has been devised and applied primarily for the sake of preventing miscarriages of justice and bolstering governmental integrity. A political imperative for truth makes the rule incompatible with the existing institutional environment. The ICC’s rule and practice illuminates the importance of neither assuming the excellence of the rule nor borrowing the rule without modification, but of exploring the rule that is based upon one’s own practical experience, institutional structure, and political powers. This article embraces the room for flexibility, experimentation, and adaptation that can contribute to a healthy scheme for legal transplant and law reform.
5,800원
6.
2021.11
구독 인증기관 무료, 개인회원 유료
Today, the question on the legal instruments of international organisations that impose direct sanctions on individuals and legal entities have surfaced, such as the United Nations Security Council (UNSC) Resolutions. States are obliged to implement the UNSC Resolutions but would face difficulties in this course. The UNSC’s coercive approach rubs international security against democratic legitimacy, especially when the Resolutions violate due process of law, principle of legality and human rights. To date, Indonesia’s stance on international law (including UNSC Resolutions) under its legal system remains unclear. This study analyses the implementation of the UNSC Resolutions in Indonesia, which has no uniformity without a UN Act. The case of North Korean vessel, MV Wise Honest, highlights the growing confusion in Indonesia because violation of the UNSC Resolutions has not been governed. Conclusively, Indonesia needs to enact a UN Act to provide legal certainty in the implementation of the UNSC Resolutions.
4,900원
7.
2021.11
구독 인증기관 무료, 개인회원 유료
Owing to the lack of consensus in formal negotiations, unilateral statements do not create legal obligations on states. Thus, a unilateral statement is not considered a source of international law under Article 38 of the Statute of the International Court of Justice. In practice, however, these statements can be legally binding on the states making them and play an important role in the development of international law. The paper aims to examine the characteristics of unilateral declarations and statements in international law and address the Vietnam’s position over the legal effects of the Diplomatic Note 1958 with special references to the South China Sea dispute. This paper will analyze the characteristics and significance of unilateral statements in international law, and argue the conditions for legal binding force. Finally, this paper will provide an in-depth clarification on Vietnamese position on the legal effect of the Diplomatic Note 1958.
6,100원
8.
2021.11
구독 인증기관 무료, 개인회원 유료
Most scholars argue that the principle of permanent sovereignty over natural resources (PSNR) has been used by developing countries as a legal basis to exploit their natural resources, including forests, for the sake of economic development. Land conversion and forest burning are the primary causes of forest degradation and deforestation in Indonesia. Thus, the biodiversity of Indonesian tropical forests is decreasing tremendously. This article aims to comprehensively analyze the experiences of the Indonesian government to balance the principle of PSNR and sustainable forest management (SFM). The paper argues that the implementation of the PSNR principle in SFM faces many challenges, such as deforestation, forest degradation, and the failures in implementing laws, as well as weak law enforcement. Therefore, to balance the PSNR principle with SFM, the Indonesian government needs to undertake various efforts, such as strengthening law enforcement, carrying out social forest management, and exercising mandatory forest certification. Moreover, all these efforts need to be further improved.
6,700원
