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 ~ 2023
- 주제분류 사회과학 > 법학 사회과학 분류의 다른 간행물
- 십진분류KDC 341DDC 321
권호리스트/논문검색
제15권 제2호 (2022년 11월) 12건
1.
2022.11
구독 인증기관 무료, 개인회원 유료
International terrorism has been a topical issue that caught the UN’s attention since the last quarter of the twentieth century. However, the UN initially dealt with it as an internal matter. In this regard, terrorism has become a global threat with the emergence of terrorist organizations. These organizations are not limited to a specific geographical scope; some of them are linked to countries, while others seek to occupy territories in order to control the oil wells and even create armies. They cannot continuously conduct their activities without financial support that provides it with the means to implement its plans and the resources to finance its field and logistical operations in all forms. One of the most important sources of financing terrorist and their organizations is money laundering operations. This research is to analyze the UN’s role in combating money laundering to prevent terrorist acts around the globe.
7,000원
2.
2022.11
구독 인증기관 무료, 개인회원 유료
In his Liberation Day speech, President Yoon Suk-yeol of South Korea pointed out that he would like to improve Korea-Japan relations towards a common future. However, a thorn in the relation between Japan and South Korea has been the unresolved issue of the so-called comfort women who had been forced to serve as sex slaves for the Japanese army between 1932 to 1945. The case of the comfort women raises many legal questions. On December 28, 2015, the Japanese and Korean government reached an agreement that aims to resolve the decades-old problem. The so-called 2015 Agreement gave new impetus to the debate over the legal responsibility of the Japanese government under international law. The most relevant issues and subsequent legal developments will be discussed in the following article.
5,500원
3.
2022.11
구독 인증기관 무료, 개인회원 유료
The United States’ Inflation Reduction Act (IRA) introduces new eligibility requirements for existing USD 7,500 tax-credit provided to electric vehicles. The new requirements condition the credit upon North American final assembly and North American-sourced materials and components. As tensions flare between the US and China, these new local content requirements reflect the US’s effort to establish a supply chain for electric vehicles that circumvents China. The blow, however, is felt elsewhere, namely by South Korean auto makers whose electric vehicle models are no longer eligible for the significant tax-credit necessary to compete in the American market. As South Korea considers submitting a complaint to relevant international bodies, this paper dissects the IRA’s relevant provisions and analyzes the applicability of international trade law rules of the WTO and the Korea-US Free Trade Agreement to the new local content requirements of the IRA.
5,800원
4.
2022.11
구독 인증기관 무료, 개인회원 유료
This explorative paper investigates the application of human rights to civil law cases in Indonesia. Human rights are often placed within the realm of public law. Yet, fundamental rights and freedoms also apply to private law cases. The human rights literature, however, does not exist in Indonesian private law. This article explores how human rights are applied in Indonesian civil law cases with reference to the models of human rights application developed by Aharon Barak and Olha Cherednychenko. We found that in Indonesia, judges apply human rights law to civil law cases indirectly, yet this application is inconsistent. The Supreme Court has attempted to increase legal unity by making case law (yurisprudensi) more accessible and by issuing internal regulations that must serve as guidelines for judges-including the application of fundamental rights in civil law cases. Case law and guidelines, however, lack thorough legal reasoning and are, therefore, difficult to apply to complex cases.
5,800원
5.
2022.11
구독 인증기관 무료, 개인회원 유료
This article provides an analyses the implications of China’s constitutionally proclaimed notion of “Community of Shared Future for Mankind” (CSFM), which reveals the stance of the PRC party in promoting so-called “Chinese wisdom” and a “Chinese solution” to address common issues in global governance and in pursuing China’s global leadership in President Xi Jinping’s “New Era.” The author explores the possibility for China and the West of reaching a normative consensus in terms of standards set by the CSFM vision and human security in light of the current global pandemic. The author advocates pursuing a pragmatic, problem-solving approach to international engagement with China without advancing a particular political agenda based on broad ideological presumptions, namely by encouraging and facilitating China’s further participation in international institutions and treaties. This approach may establish an increasing convergence and resonance of local and nonlocal norms to reach a normative consensus and, ultimately, to influence treaty performance incrementally and gradually.
4,900원
6.
2022.11
구독 인증기관 무료, 개인회원 유료
An efficient protection of Intellectual Property Rights (IPs) has a positive impact on the economy as it can help attract foreign investment and encourage the advancement of science and technology. There has been much discussion among the ASEAN member States in harmonizing their IP systems to encourage registration and utilization of IPRs among them. However, many legal infrastructures should be prepared in each of the ASEAN member countries and at the ASEAN level before the harmonization of the IP system. In the patent area, the harmonization idea requires more effort since there is also a huge difference in technology development among them. This article discusses various strategies in harmonizing the patent system in the ASEAN member states. This author would look into similar regional organizations, such as the African Regional Intellectual Property Organization and the African Intellectual Property Organization to compare their patent systems to those of the ASEAN to promote the utilization of patents in the ASEAN region.
5,200원
7.
2022.11
구독 인증기관 무료, 개인회원 유료
This paper summarizes and assesses the international trend, both in doctrine and in legal provisions dealing with conflict of laws in intellectual property field and reviews the relevant provisions in the Part 5th on applicable law to civil relations evolving foreign elements of the Vietnam’s 2015 Civil Code. The author shows that the two new provisions of the Vietnam’s 2015 Civil Code, namely Article 679 and Article 683, has partly caught up with the international trend in recognizing conflicts of laws and providing choice-of-law rules for resolving these conflicts in the intellectual property relations. The shortcoming of the Vietnam’s 2015 Civil Code is the absence of a particular provision dealing with the conflict of laws in case of infringement of intellectual property rights. On that basis, the paper offers comments and suggestions on the need to make the provisions of the Vietnam’s Civil Code more specific in the future.
4,900원
8.
2022.11
구독 인증기관 무료, 개인회원 유료
Contemporary environmental issues require the joint actions of the global community, which may assume many forms but always depend on developed and harmonized national legislations. States develop environmental law by implementing provisions of multilateral environmental agreements into national legislation. However, the implementation process sometimes prevents the effective adaptation of international legal norms. While the structure and mechanism of the implementation process have been frequently discussed from the relationship between international and municipal law, few studies have been dedicated to the implementation process of international environmental norms. Consequently, this study will analyze the implementation of multilateral environmental agreements with special references to the Republic of Kazakhstan. The article will present cases of implementation and the resulting issues in the national environmental legislation of the Republic of Kazakhstan. Moreover, it will examine national measures to solve these issues that will be relevant for all countries with similar ecological questions.
4,900원
9.
2022.11
구독 인증기관 무료, 개인회원 유료
The article provides a comparative analysis to modern employment contract formation. It focuses on promises made unilaterally by an employer to its employees in formal statements such as manuals and handbooks, and argues that such promises, once capable of conferring entitlement, must be protected and employers must not treat them as illusory. It further argues that while under English law an employer would be in breach of the implied duty of trust and confidence if a decision to withdraw from discretionary promises was irrational or disproportionate; in the United States, an employer’s irrational or disproportionate withdrawal from discretionary promises could be regarded as a breach of the duty of good faith. Either approach can be internationally or globally adopted to ensure a fair balance between protecting business efficiency and respecting employees’ dignity.
4,600원
10.
2022.11
구독 인증기관 무료, 개인회원 유료
This research will examine how the Indonesian constitution can effectively protect the indigenous people’s rights to customary land when the land is under construction for infrastructure building. The authors will mainly discuss the relevance of justice for ensuring the rights to live and property of indigenous people under the Indonesian constitution. In this essay, the authors examine how constitutional and human rights protections interact with one another to ensure the security of customary land in Indonesia. The analysis will be carried out by two methodological approaches. One is the statute approach which is based on laws and regulations being specifically targeted. To implement the statutory approach, all Indonesian laws and regulations concerning the constitutional relationship and human rights to protect customary land will be reviewed. The other is the conceptual approach to identify the ideas that give rise to legal notions, the legal principles or legal arguments for solving the problem.
4,000원
11.
2022.11
구독 인증기관 무료, 개인회원 유료
One of the overwhelming issues in the global economy has been China-US trade war. The edited book by Rahul Nath comprises of chapters on different dimensions of the trade war. AS the crisis emerged between two economic powers of East (China) and West (US), it had substantial consequences on South Asian economies. The chapters identify key challenges as the outcome of China-US trade war. While building on the consequences of the conflict, the book traces on the impact on trade barriers, both tariff barriers and non-tariff barriers. The empirical evidences examined identify the spill over effects on the South Asian economy. Amid China-US trade war, the litmus test has been for the WTO as there has been rise in preferential trade agreements. The authors have examined these issues in detail.
4,000원
12.
2022.11
구독 인증기관 무료, 개인회원 유료
Professor Sienho Yee has recently published a paper in Chinese Journal of International Law, entitled, “Unilateral Sanctions: Kind and Degree; Long-arm and Strong Arm Jurisdiction; Real Intent and ‘Could-be’ Intent.” Yee has ably elaborated that to assess the conduct of unilateral sanctions, there is a need to consider a question of “kind” so as to a question of “degree.” Further, the so-called “long-arm jurisdiction” should be better phrased as “strong-arm jurisdiction” since sometimes long-arm jurisdiction may be lawful, whereas the current version of the long-arm jurisdiction asserted by the United States is so extreme that it is no longer lawful. To this end, attention should be paid to the level of scrutiny or standard of review that a decision-maker would apply to the assessment of intent. Following from Yee’s thoughts, this note would like to elaborate further on another aspect, namely, the proportionality and necessity of unilateral sanctions.
4,000원
