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
제17권 제1호 (2024년 5월) 12건
1.
2024.05
구독 인증기관 무료, 개인회원 유료
Historically, the People’s Republic of China (PRC) has provided development assistance to Latin American countries even though PRC has not achieved developed country status itself. In explaining this puzzle, the literature emphasises the prevalence of material and economic interests in the region. The present study seeks, by key informant interviews, to provide a deeper understanding of this dynamic, specifically by paying attention to how this practice has taken shape in the case of Venezuela. Beijing opens extensive lines of credit based on a holistic trial-and-error approach and case-by-case adaptation. Loans have shifted from being seen as a solution to local problems to becoming another source of national economic stagnation. The criticism directed towards Chinese lenders is that they lack clear standards and this holistic adaptation tends to perpetuate the bad practices of unstable governments.
5,200원
2.
2024.05
구독 인증기관 무료, 개인회원 유료
In recent years, the global geopolitical landscape has been significantly influenced by nations asserting dominance in key sectors, including finance, intellectual property, and military industries. This ascendancy allows states to dictate terms and wield substantial impact on the world order. In particular, China has emerged as a pivotal player, strategically utilizing innovation and economic prowess to reshape international relations. This research examines China’s role in redefining global power dynamics, particularly within Africa, while evaluating the effectiveness and criticisms of its “soft power” strategies. China’s robust presence in critical sectors such as finance, intellectual property, and military industries underscores the correlation between leadership in these domains and global influence. The country’s economic and technological prowess has positioned it as a formidable player, enabling it to exert significant control over international rules and norms. The ramifications of such dominance transcend mere economic power, influencing diplomatic relations and shaping the international order.
4,900원
3.
2024.05
구독 인증기관 무료, 개인회원 유료
This research concentrates primarily on the foundation of the China International Commercial Court (CICC), considering the structure and functions of the Court. The main objective of CICC is to develop a dispute resolution mechanism for the Belt and Road Initiative (BRI). Given its predominant Chinese orientation, CICC may encounter various challenges as the BRI’s contracting members possess diverse judicial systems. This article will focus on the jurisdiction of the court and the procedures of enforcement of its judgments, orders, and direction. The authors also discuss the types of legal and administrative changes necessary to make CICC an effective and successful dispute resolution body. The BRI is a crucial element of Chinese strategies to control the global economic system. Therefore, CICC can provide critical insight into the present Chinese goals about international order. This paper finally examines that CICC symbolizes a Chinese ambition to strengthen, modify, or challenge the current international system.
5,500원
4.
2024.05
구독 인증기관 무료, 개인회원 유료
Specifically, the matter of coups against governments – particularly those resulting from legitimate democratic elections – requires a more resolute approach. This entails criminalizing such actions and imposing substantial penalties on the individuals responsible. By doing so, the goal is to dissuade potential revolutionaries from attempting this act, given the clear stance and condemnation it would receive from the international community. Furthermore, it is imperative to highlight the international community’s inconsistent response to coups. This inconsistency becomes evident in the varying levels of support for different coups, seemingly influenced by the international community’s relationship with the affected state and, notably, its ousted president. This underscores the necessity for well-defined and unambiguous regulations governing coups themselves. The article aims to address this issue comprehensively and impartially, avoiding selective treatment. The significance of this issue lies in the need to address a legislative gap in international law.
6,400원
5.
2024.05
구독 인증기관 무료, 개인회원 유료
This study critically examines the integration of ILO Convention C111 into Vietnamese labour law, specifically examining its impact on sex-based discrimination. Employing feminist legal methodology, it assesses the reflection of the Convention’s anti-discrimination principles in national legislation and their effectiveness in promoting workplace gender equality in Vietnam. Preliminary findings suggest that, despite the Convention’s influence, there are significant obstacles to the full achievement of its objectives, largely due to socio-cultural and economic factors. The paper underscores the practical challenges of aligning the international labour standards with local laws preventing the implementation of C111’s provisions in combating gender-based discrimination in an employment setting. It argues that achieving true gender equality in employment transcends the simple adoption of international norms; it necessitates a holistic and profound approach. These insights are crucial for enhancing labour laws so as to foster genuine gender equality and emphasising the importance of practical implementation alongside the harmonisation of international standards.
5,800원
6.
2024.05
구독 인증기관 무료, 개인회원 유료
With the increasing value of data and the growing power in the field of digital economy, China has taken the governance of cross-border data flow(CBDF) as an important national strategy. At the domestic policy level, China has piloted Beijing, Shanghai, Hainan and Xiongan New Area to create international data centers with the intention to control inbound and outbound data resources. At the domestic legislative level, China insists that the outbound data transfers be conducted in a secure environment. At the international cooperation level, on the basis of the Global Data Security Initiative, China builds the consensus of countries and promotes cooperation among countries along the Belt and Road routes on CBDF through the Digital Silk Road. Simultaneously, China will engage proactively in the newly international economic and trade agreements, with RCEP standing as a prime example. China’s discourse and model on CBDF governance have been continuously enhanced.
5,500원
7.
2024.05
구독 인증기관 무료, 개인회원 유료
Legal Implications of the Space Colonization and the UAE’s Sustainable Approach towards Mars Mission
Mars is the planet closest to Earth. Many support that it may house humanity in the future. On the surface of Mars, sufficient resources are available to support life. Active studies are required to fundamentally comprehend the varied operating conditions and the major governing parameters involved in the growth of space colonization and supported atmospheric conditions. The existing legal framework of the Outer Space Treaty (OST), which was designed several decades ago, describes its goal of peaceful collaboration based on principles that we have not been able to uphold on Earth. It is vital to address the gaps in the legal system and ultimately deal with the mostly unanswered legal and regulatory questions. As interest in Martians colonisation missions from both government agencies and the private sector evolves, a workable solution that respects the essence of the OST and allows for limited sovereignty claims outside of protected habitation has been proposed.
5,200원
8.
2024.05
구독 인증기관 무료, 개인회원 유료
The Government of Vietnam recently issued a Strategy for Intellectual Property 2030 and amended the Law on Intellectual Property in 2022 for the economic development of Vietnam through stimulating innovation and creativity. Many solutions are recommended to foster the integration of research and development, and intellectual property such as recycling, water cleaning, treatment of poisonous exhausted air, energy saving, green technology for conserving ecosystems. To have more inventions and patents, Vietnam needs to protect its intellectual property rights (IPRs) involving all its various sectors and entities more. However, the current status of IPRs protection in Vietnam shows limitations in this field due to lack of appropriate legal rules on civil and criminal sanctions. This article will give an overview of IPRs protection in Vietnam and then analyze some current provisions relating to civil and criminal sanctions for IPRs infringement based on the experiences of some foreign countries. It will also recommend some solutions for overcoming these challenges.
4,300원
9.
2024.05
구독 인증기관 무료, 개인회원 유료
The deployment of drones for targeted killings in recent years has sparked intense debates regarding the ethical and legal implications of their deployment in contemporary conflicts. Through an examination of the complexities surrounding the application of fundamental international humanitarian law (IHL) principles - such as differentiating targets and ensuring a proportionate response – and their deployment, the article aims to illuminate the potential legal ramifications of using drones in targeted killing. It also highlights challenges arising from the ambiguous distinction between combatants and non-combatants, compounded by the remote nature of drone missions. The inclusion of a few relevant case studies enhances the analysis, providing practical insights into the nuanced legal landscape and emphasising the pressing need for a comprehensive legal framework tailored to regulate drone usage. This paper stresses the immediate requirement for an effective regulatory structure to ensure adherence to IHL, thereby upholding humanistic principles and reducing the human toll of conflicts.
5,800원
10.
2024.05
구독 인증기관 무료, 개인회원 유료
This scholarly investigation delves into the legal complexities arising from the People’s Republic of China’s high-altitude balloons entering US airspace. By analyzing landmark cases, such as the Lockerbie incident, this study emphasizes the urgent need for clear liability norms in international airspace. The 2023 Montana Incursion served to clarify the self-defense and proportionality principles under international law. This study examines the nature of these balloons to determine whether they fall under international accords such as the Chicago Convention. It also explores military classifications and legal ambiguities surrounding non-combatant operators in armed conflicts. This paper identifies gaps in the principles of privacy and ethics concerning intelligence gathering within sovereign boundaries. It advocates for new multilateral treaties with geofencing standards to regulate high-altitude unmanned aerial vehicles. This author aims to fortify legal frameworks based on technological advances.
6,100원
11.
2024.05
구독 인증기관 무료, 개인회원 유료
Geopolitical risk is now among the most important factors in the formulation of multinational corporate strategy and the US trade policy. The US has aggressively enacted national-security-based trade sanctions, which recently include export controls on semiconductor chips and restrictions on outbound and inbound investment. The US has also adopted major legislation providing historical subsidies and tax breaks. Congress and the courts have upheld the president’s use of national security as a basis of trade actions and generally supported his protectionist policies. Trade should not be restricted or weaponized. Global and national rules need to be strengthened and, perhaps, a bit updated, but protectionism in the name of national security is a losing argument. The growing movement by the US to rely more on national security and protectionism in formulating trade policy is a very worrisome development. No one in Washington is proposing a return to pre-Trump policies. The real question is how far US trade policy will continue to change in the near future. Geopolitics will give us the answer.
4,000원
12.
2024.05
구독 인증기관 무료, 개인회원 유료
India has been a member of the BRICS group since 2009. It has been a staunch advocate for the synergistic power. Their summits have focused on a wide range of topics, all of which share the common goal of reorganizing the global economic and political order. The BRICS nations have together accomplished several significant milestones which include the establishment of the New Development Bank, the BRICS Payment System, collaborative anti-terror programs, climate mitigation, green energy, and other such initiatives. South Africa played home to the 15th BRICS Summit, which took place in the August of 2023 and was centered around the theme of “BRICS and Africa: Partnership for Mutually Accelerated Growth, Sustainable Development, and Inclusive Multilateralism.” This essay considers issues from an Indian perspective that may pop up in the future BRICS summit.
4,000원
