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 제2호 (2024년 11월) 13건
1.
2024.11
구독 인증기관 무료, 개인회원 유료
Parallel importation of patented products, “first sale doctrine,” is an effective and efficient way of handling the importation of patent-protected goods. The national exhaustion idea is being used in Pakistan regarding patent exhaustion. Market competition and lower pricing phenomena are affected by this strategy. Case studies from the European Union (EU), the United States (US) and China are used to show how businesses can protect consumers’ rights by parallel imports. The US and China follow international exhaustion whereas the EU follows the regional exhaustion principle, which is comparable with Pakistan concerning the Shanghai Cooperation Organization (SCO). By finding lower-priced products, promoting international economic integration and regional collaboration with SCO, Pakistan can avail better investment opportunities. Case studies show result-oriented efforts regarding the implementation of the international parallel exhaustion strategy. Study recommends raising awareness and enhancing legal clarity, IP protection, and stakeholder input to ensure compliance with an international exhaustion system.
5,200원
2.
2024.11
구독 인증기관 무료, 개인회원 유료
Regional economic integration organizations (REIOs) can ratify climate change agreements as mixed agreements, including the Paris Agreement, with their member states. A question may arise on what responsibilities can REIOs have under the Paris Agreement in relation to the member states. Analyzing the draft articles on the responsibility of international organizations reveals that REIO can have derived (indirect) responsibility for non-fulfilling the obligations by member states due to the normative control resulting from the adoption of binding resolutions. Also, under Article 4.18 of the Paris Agreement, REIO will be jointly responsible for non-realization of the goals communicated in the NDCs together with non-compliant member. This will make the non-compliant states responsible externally to the third parties and to REIO internally in achieving the goals of NDC and will encourage the compliant member states to participate in realizing the collective goal of REIO because of influence of not realizing the collective goal.
5,800원
3.
2024.11
구독 인증기관 무료, 개인회원 유료
Online infringement of Artificial intelligence (AI) generated content essentially constitutes IP infringement and should adhere to Article 50 of Law of the People’s Republic of China on the Law Applicable to Foreign-Related Civil Relationships. However, applying Article 50 to online infringement involving AI-generated objects presents a dual interpretation dilemma. The first dilemma pertains to the interpretation of the requested place of protection. The second issue concerns the redundancy of party autonomy in the article. Therefore, Article 50 should be reinterpreted with as emphasis on maintaining the territoriality of IP rights to make it applicable to online infringement of AI-generated objects. The place where protection is sought should be understood as the forum. If there are relevant factors, the affected cyberspace can be ‘collapsed’ into the court’s location. By employing the territoriality of IP, party autonomy should be limited to regulating the issue of damages.
5,800원
4.
2024.11
구독 인증기관 무료, 개인회원 유료
This research examines China’s development in terms of the nation’s SOE reforms surrounding the two major milestones in China’s integration with neoliberalism, the accession to the World Trade Organization and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). It considers the interlinking of the legal aspect of China’s SOEs reform with its economic development, and reinforces the economic argument that China has embraced both neoliberalism and state-capitalism in order to achieve its industrial development. This paper highlights the persistent logic of China’s SOEs reform which aims to approach international legal standards while keeping sight of the objectives of economic development. China’s semi-embrace of neoliberalism and its insistence on state capitalism, on the one hand, provide an alternative developmental model for other developing countries, while on the other hand, facing an increasingly deteriorating relationship with the US which cannot tolerate any rising power that challenges its hegemony, especially a power with a different ideology.
6,100원
5.
2024.11
구독 인증기관 무료, 개인회원 유료
This study emphasizes the vital role of local governments in Vietnam in advancing gender equality, particularly in achieving the UN Sustainable Development Goal (SDG) 5. It argues that local governance is crucial for translating national gender equality commitments into practical outcomes while simultaneously driving sustainable development. This article examines Vietnam’s legal frameworks, policies, and local governance practices to assess their effectiveness in promoting gender-responsive governance under the UN SDG framework. The author explores the relationship between local governance and gender equality, emphasizing the transformative impact of integrating gender perspectives at the local level. The findings demonstrate a strong link between effective local governance and progress toward SDG 5. She advocates for empowering local governments to implement gender-inclusive policies, which are essential for achieving gender equality and sustainable development in Vietnam. Furthermore, it provides strategic recommendations to strengthen gender responsiveness in local governance, contributing to the broader discourse on sustainable and inclusive development.
5,500원
6.
2024.11
구독 인증기관 무료, 개인회원 유료
North Korea’s nuclear weapons and ballistic missile programs have been a concern of the international community for many years. In response to North Korea’s first nuclear test in 2006, the Security Council adopted one of the most controversial sanctions regimes in the history of the UN. After further nuclear tests in 2009, twice in 2016, and in 2017, the Security Council unanimously adopted even more new resolutions according to Chapter VII of the UN Charter, condemning North Korea’s behavior and demanding, inter alia, that it refrains from future nuclear and ballistic missile tests. The Security Council has tightened these sanctions over the years with a total of 10 resolutions. The UN sanctions imposed on North Korea raise many political, ethical, and legal questions. This article tries to answer them from the perspective of international law by examining the legal limits of the UN Security Council under Chapter VII of the UN Charter.
5,200원
7.
2024.11
구독 인증기관 무료, 개인회원 유료
The death penalty is a controversial topic due to its implications for human rights, particularly the right to life, considered a fundamental right. Some argue that the death penalty violates this right, while others believe it is a form of justice for severe crimes. This research explores the debate between the death penalty and human rights using a normative, juridical method and literature review. Some countries still practice the death penalty, while others have abolished it, citing concerns about justice and fairness. The criminal justice system often exhibits disparities, with marginalized groups facing higher rates of execution than wealthier or majority individuals. These inequalities challenge the principle of equality before the law and the integrity of justice. Efforts to reform include restricting or abolishing the death penalty due to concerns about law enforcement abuse, judicial errors, and ineffectiveness in deterring crime. The debate over its place in justice systems remains ongoing.
5,200원
8.
2024.11
구독 인증기관 무료, 개인회원 유료
The increase in space activity has contributed to a convergence of cybersecurity and outer space at a critical moment in the digital era requiring a thorough examination of the threats to space-based assets and the protective measures required. As satellites and space technology become integral to global operations, their сyber security is parаmount given their vulnerability to cyber espionage, interference and attacks. This paer highlights the significance of technological advancements and their dual role in improving space systems while also introducing new vulnerabilities. It explores varied national cybersecurity practices focusing on space stakeholders such as the US, the EU, China, Russia and UAE, revealing the global strategies employed against cyber threats. Moreover, the importance of laws and regulations such as the Outer Space Treaty in countering cyber attacks and emphasising the need for agile legal frameworks to address cybersecurity challenges in outer space is also examined. Moreover, the paper addresses complex issues of cybersecurity in outer space, particularly innоvation, collaboration and legal reforms.
5,200원
9.
2024.11
구독 인증기관 무료, 개인회원 유료
Following the attack on Israel by Hamas militants on October 7, 2023, Israel declared war on the Gaza Strip. In the relentless and nonstop bombardment of the Gaza Strip, about 40,000 Palestinian civilians have lost their lives, the majority of whom were children and women. Additionally, more than 92,000 Palestinians have been injured and many more are still missing or under the rubble. The dire situation in the Gaza Strip requires a firm stand from the international community, as what is happening to the Palestinian people is nothing short of genocide. This paper discusses Israel’s attacks on the Gaza Strip and illustrates how these actions meet the criteria for war crimes, crimes against humanity, and genocide. It also discusses the case filed by South Africa against Israel in the International Court of Justice, alleging that Israel has violated the Convention on the Prevention and Punishment of the Crime of Genocide.
6,100원
10.
2024.11
구독 인증기관 무료, 개인회원 유료
The ongoing conflict in Gaza strip has resulted in significant humanitarian crisis, with civilians often bearing the brunt of violence. This article critically examines the role of IHL in the protection of civilians affected by the armed conflict. The study focuses on key IHL principles, including distinction, proportionality, and precaution, and assesses their application by the parties involved. It employs an analytical and descriptive research methodology. The findings reveal that both Israel and Hamas have committed numerous violations of IHL, including indiscriminate attacks and failure to protect civilian populations. Despite the clear legal frameworks set by IHL, the lack of accountability and enforcement has hindered its effectiveness. The author concludes that while IHL provides a robust legal framework for civilian protection, the political complexities of the Israel-Hamas conflict severely limit its implementation, leaving civilians vulnerable. The research calls for stronger international mechanisms to ensure compliance with IHL and improve civilian protection in the region.
4,600원
11.
2024.11
구독 인증기관 무료, 개인회원 유료
Under Trump and Biden, the US trade policy has veered away from its traditional approach, developed since World War II, from multilateralism to focusing primarily on national and unilateral concerns. At the center of this approach have been tensions with China. This includes a renewal of industrial policies, protectionism and, most importantly, reliance on national security, manifested by newer and unexpected geopolitical developments. The discussion of trade policy today has become very toxic, especially during this presidential campaign season, with its renewed focus on tariffs. The trade debate in the US is now entering a new stage with the nomination of Kamala Harris and J.D. Vance. I believe the US drift away from the postwar policies of promoting global trade and investment will continue. Nationalist and protectionist policies will continue as part of a new economic and industrial policy, fused with national security concerns and rhetoric, no matter who wins.
4,900원
12.
2024.11
구독 인증기관 무료, 개인회원 유료
More than 5 billion people will use the Internet and social media by the end of 2024 and global influencer marketers reached USD 24 billion in early 2024. A regulation is thus needed to protect domestic consumers from the negative effects of global influencer marketing, such as deception, hidden advertising, and information uncertainty. Can the current legal framework effectively protect domestic consumers from misleading or deceptive and illegal advertising conducted by influencers through social media platforms from outside of their jurisdiction This essay first examines social influencing and explains how social influencers operate across national borders. It then discusses domestic legislation governing social influencers in China, Japan and South Korea and discusses why these domestic frameworks provide scant protection for consumers against false advertising and misinformation originating in another country. Finally, this essay proposes an international solution to a problem that will only increase size and severity in the future.
4,900원
13.
2024.11
구독 인증기관 무료, 개인회원 유료
During the period of 1959 to 1984, North Korean false propaganda led over 90,000 ethnic Koreans and their families to migrate from Japan to North Korea. Once in North Korea, the migrants suffered severe discrimination and human rights abuses. For decades, there was little prospect of justice for these abuses. In recent years, however, survivors of this migration who escaped North Korea have renewed efforts to gain some type of recognition and compensation. This note reviews three of these attempts: lawsuits in Japanese and South Korean courts, as well as a petition that was brought before the Korean Truth and Reconciliation Commission. While each of these avenues has helped bring to light the truth of North Korean deception, more work remains to be done with respect to collecting compensation.
4,000원
