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 제2호 (2025년 11월) 8건
1.
2025.11
구독 인증기관 무료, 개인회원 유료
This article examines the 2024 decision in Ukraine v. Russia (PCA Case No. 2019- 28), in which a United Nations Convention on the Law of the Sea tribunal upheld challenges to two arbitrators – Donald McRae and Rüdiger Wolfrum – due to their prior support for a 2022 L’Institut de Droit International’s Declaration condemning Russian aggression. The tribunal found that the involvement of these arbitrators raised justifiable doubts as to impartiality, highlighting the expanding role of perceived bias in inter-State arbitration. In a forceful dissent, Christopher Greenwood cautioned against conflating general academic expression with prejudgment, emphasizing the need for judicial restraint and procedural integrity. This note explores the tribunal’s reasoning, dissenting views, procedural standards, and comparative jurisprudence, including Canfor v. USA and Perenco v. Ecuador. It reflects on the growing tension between academic freedom and arbitrator impartiality, evolving disclosure norms, and the risk of strategic challenges in politically sensitive disputes, with implications for the future practice of international adjudication.
6,400원
2.
2025.11
구독 인증기관 무료, 개인회원 유료
The European Union (EU) has pursued reforms to strengthen the effectiveness of Trade and Sustainable Development (TSD) chapters in its free trade agreements (FTAs) since 2017. The labor dispute with Korea under the EU–Korea FTA served as a test case for this objective. The Panel of Experts held that Korea violated its obligations regarding freedom of association while satisfied with the obligation to ratify ILO core conventions. This article appraises the dispute’s outcome to assess the extent of the EU’s success in advancing labor rights through trade instruments and the implications for its ongoing TSD reform. It argues that the case reflects the EU’s strategic use of TSD provisions to promote labor standards and recalibrate its enforcement approach. However, given the evolving direction of TSD reforms and the design of recent FTAs, the recurrence of a similar labor-related dispute appears unlikely in the near future.
5,100원
3.
2025.11
구독 인증기관 무료, 개인회원 유료
Defining the Boundaries: WTO National Security Exceptions in the US-China Unilateral Trade Sanctions
Chinese enterprises, such as Huawei, have been severely affected by sanctions. In 2019, Huawei’s inclusion on the Entity List prohibited any foreign company using US technology from supplying it without approval, severely disrupting its global supply chain. This article interprets the national security exceptions (GATT Article XXI) in the USChina trade conflict. Through a doctrinal analysis of key rulings (e.g., Russia – Traffic in Transit), it constructs a three-factor review framework based on essential security interests, necessity, and emergencies in international relations. This framework is then applied to a comparative case study of US and Chinese sanctions practices. The analysis finds that while US extraterritorial sanctions frequently fail the necessity test, China’s counter-sanctions align more closely with the exception’s traditional scope. The article argues that the proportionality principle is vital to prevent abuse. By applying nascent DSB jurisprudence to a major contemporary dispute, this study provides a balanced framework for assessing the WTO-consistency of sanctions and suggests reinforcing the MPIA to reconcile sovereignty with multilateralism.
6,000원
4.
2025.11
구독 인증기관 무료, 개인회원 유료
The proliferation of human activities in outer space has fostered technological progress while creating a serious challenge: space debris. This paper examines the legal complexities of active debris removal (ADR) as a means to reduce collision risks and ensure the long-term sustainability of space operations. ADR is now technologically feasible, but its implementation faces legal, technical, and economic hurdles. Current international law, notably the Outer Space Treaty and the Liability Convention, lacks explicit provisions on ADR responsibilities and liabilities, complicating cooperation and cost sharing. The absence of a universally accepted definition of space debris further hinders regulatory clarity and ownership issues. To address these challenges, the paper evaluates potential governance futures and proposes establishing a new international legal regime under the UN Committee on the Peaceful Uses of Outer Space. Modeled on institutions including the International Civil Aviation Organization, such a regime would clarify liability, set standards, and strengthen cooperation for sustainable space use.
5,200원
5.
2025.11
구독 인증기관 무료, 개인회원 유료
Five countries have made submissions for an extended continental shelf in the South China Sea (SCS) to the Commission on the Limits of the Continental Shelf (CLCS), fuelling tensions and disputes with China. As the CLCS’ decision to consider and qualify these submissions may have a far-reaching impact on the settlement of territorial and maritime disputes in the region, comprehensive understanding and analysis of the CLCS’ strategies in managing “submissions involving land or maritime disputes” in practice is needed. China’s notes verbales contesting the submissions may not stop the CLCS from considering these submissions. Therefore, to ensure that its interests are respected, China should amend its notes verbales by: (1) identifying the ‘dispute’; (2) clarifying its status as party to the ‘dispute’; (3) expressing “not consent” and requesting the CLCS “not to consider or qualify” any of the submissions; and (4) clarifying the legal scope of waters in the SCS.
6,100원
6.
2025.11
구독 인증기관 무료, 개인회원 유료
Global trade relies heavily on shipping; yet maritime law frameworks often fail to protect seafarers’ human rights adequately. Seafarers thus continue to experience coerced labor, abandonment, harassment, or inadequate treatment. This research aims to establish a cohesive legal framework safeguarding seafarers’ human rights through a comparative analysis of international and Korean maritime law. It provides an overview of the current status of seafarers’ human rights protection; describes the theoretical framework of human rights principles and maritime labor; reviews and analyzes legal precedents regarding seafarers’ human rights; and offer recommendations for international and domestic (Korean) policies and industry and stakeholder engagement to strengthen the protection of seafarers’ human rights. This manuscript addresses soft law initiatives, including the Neptune Declaration, Geneva Declaration, and the training and accountability proposals from the IMO-ILO. The authors advocate for more stringent national legislation, comprehensive worldwide SASH training, and enhanced oversight. Ultimately, the rights of seafarers necessitate enforceable legal reform, global collaboration, and interagency support.
5,800원
7.
2025.11
구독 인증기관 무료, 개인회원 유료
This research analyzes how a series of Allied occupation directives (SCAPINs 677, 841, and 677/1) interacted with the drafting and implementation of the 1951 San Francisco Peace Treaty to shape the legal status of Dokdo Islands (Takeshima). The author argues that, first, SCAPIN 677 excluded Dokdo from Japan’s governmental and administrative control by defining “Japan” for occupation purposes and listing excluded areas. Second, Paragraph 6 clarified that this definition did not predetermine ultimate sovereignty. Third, SCAPIN 841 partially amended SCAPIN 677 by returning the Izu and Nanpo Islands north of and including Sofu Gan to Japanese administration. Fourth, SCAPIN 677 remained operative for other excluded areas, including Dokdo. This essay contends that Dokdo’s omission does not imply a Japanese title because its exclusion had already been implemented under SCAPIN practice and reflected in the UK draft. While SCAPINs did not themselves determine ultimate sovereignty, their unrevoked administrative separations were “inherited” by the San Francisco framework.
4,600원
8.
2025.11
구독 인증기관 무료, 개인회원 유료
Energy laws play a pivotal role in shaping policies that ensure energy independence and strengthen national security. This research investigates how legal frameworks contribute to reducing energy dependence, enhance infrastructure resilience, and support the transition to renewable energy. A qualitative and comparative legal research design has been applied, incorporating an extensive literature review, examination of both domestic and international energy legislation, thematic coding, and a synthesis of findings. In this essay, applied publicly available materials, legislative acts, and scientific publications have been applied to draw general conclusions. Evidence shows that regulatory inconsistencies continue to hinder the use of renewable energy, and loopholes in the protection of infrastructure expose countries to security risks. Nations that successfully adopted and incorporated their legal procedures into the new circumstances are more successful in diversifying energy supply, abusing of geopolitical risks, and facilitating technological changes. Strengthening and harmonizing energy laws ensures resilience, independence, and stability in global energy governance systems.
4,800원
