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 ~ 2025
- 주제분류 사회과학 > 법학 사회과학 분류의 다른 간행물
- 십진분류KDC 341DDC 321
권호리스트/논문검색
제18권 제1호 (2025년 5월) 12건
1.
2025.05
구독 인증기관 무료, 개인회원 유료
The development of offshore wind energy plays a pivotal role in Taiwan’s transition to a lowcarbon economy. To secure the profits of substantial investments in offshore wind energy, long-term contracts are essential. However, supervening incidents could halt, damage, or destroy offshore wind projects. Force majeure clauses serve as a preventive mechanism to address these unforeseen risks. Despite their significance, contract drafters often overlook the importance of force majeure clauses. This article contends that offshore wind developers and the Taiwanese government should collaborate as partners to carefully draft force majeure clauses in offshore wind contracts, ensuring proper allocation of unforeseen risks. By examining the concept of force majeure under the CISG and Taiwanese law, this article proposes fundamental elements and a model clause for force majeure in offshore wind contracts.
5,700원
2.
2025.05
구독 인증기관 무료, 개인회원 유료
The escalating impacts of climate change are compelling individuals to flee their homes, giving rise to a new category of refugees known as climate refugees. Despite clear evidence linking climate change to forced migration, the protection of these refugees’ human rights remains unaddressed by any existing international legal framework. This paper explores the necessity of embracing a new comprehensive international legal framework tailored to climate refugees. It advocates for a legal framework that addresses prevention and remedies the issues faced by climate refugees and ensures their human rights are safeguarded. We also argued that the Comprehensive International Legal Framework should have a collective obligation to safeguard the rights of climate refugees on the global scale and to provide a solution that integrates the various rules of law, meets humanitarian needs, and is tailored to the protection of the rights of climate refugees.
6,100원
3.
2025.05
구독 인증기관 무료, 개인회원 유료
Recent global efforts to combat climate change have accelerated, with nations adopting carbon strategies such as carbon taxes and emission trading system (ETS) to support their net-zero commitments. These initiatives enable governments to enforce mitigation while maintaining their dual goal of fostering economic growth. Vietnam, a developing country, has emerged as a proactive participant by launching a national ETS, drawing from international best practices and domestic geographical advantages. This article examines the process and challenges involved in designing and implementing an ETS in Vietnam, exploring the necessary policy frameworks, institutional structures, and market mechanisms. It highlights key considerations such as the selection of sectors and entities to be covered, the allocation of emission allowances, and the establishment of new market management solutions. This article concludes with strategic recommendations to support the development of a successful and sustainable ETS mechanism in developing country like Vietnam.
5,800원
4.
2025.05
구독 인증기관 무료, 개인회원 유료
This article critically assesses the role of the International Criminal Court’s (ICC) in enforcing International Humanitarian Law (IHL). The ICC was designed to ensure accountability for severe IHL violations. However, its operational capacity faces significant challenges, particularly its reliance on state cooperation for enforcement and political resistance. This article explores the Court’s jurisdiction, the principle of complementarity, and its investigative processes while analyzing resistance from nonsignatory states such as the US, China, and Russia. The US sanctions against the ICC especially with President Trump’s executive order of February 6, 2025, will exemplify the ongoing tension between state sovereignty and international accountability. Additionally, the article highlights issues within the Rome Statute, including ambiguities regarding state cooperation, jurisdiction, and immunity, which affect the Court’s efficacy. Despite some successes in prosecuting high-profile leaders, the ICC’s credibility remains a matter of debate due to its limited enforcement, inconsistent state support, and continued political resistance.
5,800원
5.
2025.05
구독 인증기관 무료, 개인회원 유료
Aviation safety is critically dependent on effective communication, particularly in the English language, which serves as the international language of aviation. This paper explores the significance of proficient English language communication among aviation professionals and its impact on operational safety. Effective communication in aviation involves various factors such as lack of accent, perfect listening skills, effective hearback and readback procedures, and more. Additionally, English language efficiency in aviation is closely related to emotional stability and the ability to manage stress, both of which are crucial in highpressure environments. The research will also look into the regulatory challenges faced by the aviation industry in standardizing and enforcing language proficiency requirements by the International Civil Aviation Organization and other international institutions. Through a thorough review of existing regulations, industry practices, and case studies, this paper highlights the steps taken to improve communication skills among pilots, air traffic controllers, and other key aviation professionals.
6,300원
6.
2025.05
구독 인증기관 무료, 개인회원 유료
The selection of topics to be included in the long-term program of work is a part of the working methods of the International Law Commission. A good selection of topics provides a good start to the Commission’s work and fulfills its double function of the progressive development and codification of international law. The process of selecting works for the longterm program of work now faces numerous challenges such as the appearance of new areas of international law and the increased engagement of States and international organizations in the preparation of new conventions outside the Commission’s channel. The challenges call for further improvement of criteria for the selection of works to preserve and enhance the quality of the Commission’s work. This article will briefly highlight the process of the selection of works in the Commission’s history and focus on the implementation of criteria for the selection of topics used during various times, and their advantages and limitations.
5,200원
7.
2025.05
구독 인증기관 무료, 개인회원 유료
This study examines the development of the Association of Southeast Asian Nations (ASEAN)’s Self-Certification of Origin mechanism through two key phases. From 1993 to 2015, ASEAN strove to establish a common market and deepen economic integration. During this period, it introduced various pilot projects to enhance trade, streamline certification procedures, and experiment with trade facilitation initiatives. Following the official establishment of the ASEAN Economic Community in 2015, the focus shifted towards harmonizing trade procedures, enhancing regional coordination, and standardizing customs processes. These efforts culminated in the launch of the ASEANwide Self-Certification (AWSC) in 2020. In Vietnam, however, the implementation of AWSC has faced significant challenges. Despite these obstacles, the country has taken proactive steps to integrate AWSC into its trade system by issuing domestic regulations and guidance from regulatory authorities. This study explores the specific difficulties Vietnam faces in implementing AWSC and proposes recommendations to enhance its effectiveness.
5,100원
8.
2025.05
구독 인증기관 무료, 개인회원 유료
This paper explores the illegal Israeli occupation of Palestinian territories, focusing on the West Bank and Gaza after 1967. It employs a qualitative research approach, analyzing primary and secondary sources to examine the legal ramifications of Israel’s ongoing occupation and settlement expansion, which violate international law. The findings highlight that, despite various international resolutions, Israel continues its unlawful presence. Key legal rulings, such as the International Court of Justice’s decision of July 19, 2024 and a UN General Assembly resolution in September 2024, reaffirm the illegality of Israel’s actions. Nonetheless, Israel has ignored these calls for withdrawal and persists in expanding settlements. The paper argues that the UN member states must enforce international legal rulings and hold Israel accountable through international courts. It advocates for the imposition of economic and diplomatic sanctions by the UN Security Council to curb settlement expansion and dismantle existing illegal settlements, emphasizing the need for coordinated international efforts to achieve justice for Palestine.
5,400원
9.
2025.05
구독 인증기관 무료, 개인회원 유료
Asian economic potential draws world attention. Recently, China challenges the US’s economic and political dominance which prompted the US-China trade war. Afghanistan and other Arab nations struggled for decades amid an informal US colony after Saddam Hossain’s fall. After the US troops left Afghanistan in 2021, the Taliban took over it. Afghanistan’s trade and military advantage make it vital as middle east geopolitics alter. This has been noticed by China. China-Afghanistan military cooperation improves trade. All in Eurasia is seeing China penetrate global value networks and the Belt and Road supply chains. The 21st century’s Silk Road connects Eastern Afghanistan’s Wakhan Corridor. China-Afghanistan cooperation along the Wakhan Corridor is the key to the success of the Silk Road initiative. China-Afghanistan wants to use the corridor more, which has been a commerce and military battleground. The essay discusses China- Afghanistan strategic relations along the Wakhan Corridor from a legal and strategic perspective.
4,800원
10.
2025.05
구독 인증기관 무료, 개인회원 유료
The increasing global economic, social, and political interdependence has led to expanding trade in goods and services. The WTO facilitates international trade by providing a nondiscriminatory trading environment to all member states. Afghanistan started the WTO accession in 2009 and joined as the 164th member on December 18, 2015. This piece examines the legal implications of the WTO membership on Afghanistan’s trade and economy. While membership will expand trade, attract foreign investment, and increase Afghanistan’s market share worldwide, it also means harmonizing domestic regulations with the WTO standards. In addition, lower tariffs on imported goods threaten local industries, leading to job losses, industrial shrinkage, and reduced government income. The study’s findings show that, despite short-term vulnerability, joining the WTO has long-term benefits such as economic growth, increased investment, reduced cost of living, and fairer trade structure.
4,500원
11.
2025.05
구독 인증기관 무료, 개인회원 유료
The US is in conflict with China over various trade issues. Although both countries agreed to temporarily suspend tariffs for the next 90 days, this trend is expected to continue after then. New related to tariffs has been a daily occurrence in the first 100 days of the Trump presidency, and yet a gap remains between the US and China that is difficult to bridge. This seems to stem from the fact that President Trump wants to “Make America Great Again” with a vengeance. In addition to implementing a new tariff system, the US seems to be moving towards supporting “strong patents” to safeguard intellectual property rights. These policies will significantly impact both the US and other nations worldwide. This article explores the external developments in the aftermath of the US presidential election and reviews current issues related to intellectual property in the US, focusing on tariff imposition and the prevailing emphasis on strong patent rights.
4,300원
12.
2025.05
구독 인증기관 무료, 개인회원 유료
The current US tariff policy has become a focal point of the global trade order, signaling a restructuring of the international economic system established after World War II. The global trade regime is shifting from multilateral cooperation to a landscape increasingly defined by economic and geopolitical competition. The US domestic law is increasingly replacing multilateral mechanisms such as the WTO as the primary legal point at issue and center of gravity influencing and shaping the global trade order. In this transitional phase of order reconstruction, East Asian enterprises should allocate resources to closely monitor geopolitical developments, the US domestic politics, legal frameworks, and ideological trends. They should also establish mechanisms for geopolitical risk management and prioritize risk management over business expansion as a core strategic principle. However, this is not entirely negative; the new research, understanding, and strategic adjustments undertaken by enterprises may lay a deeper foundation for the next wave of globalization.
4,300원
