{"product_id":"the-making-of-international-law-in-korea-from-colony-to-asian-power-9789004315785","title":"The Making of International Law in Korea: From Colony to Asian Power","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThe Republic of Korea was colonialized in the early 20th century, achieved its independence, and rose from the ashes of the Korean War to become an Asian power. Korea’s ascent coincides neatly with the advent of globalization and growing importance of international law in managing the increasing interactions between states and other non-state entities such as multinational corporations, non-governmental organizations, and international organizations like the United Nations.  The Making of International Law in Korea addresses the developments of international law in Korea from human rights concerns to law of the sea issues; from maritime delimitation and access to ocean resources to other non-security matters. Offered as a textbook for academics and students, the authors demonstrate the increasingly important role of international law in shaping international relations in Northeast Asia and Korea.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"The book will be of great use and interest to students, researchers, and practitioners in East Asian diplomacy, public international law, international relations, and decision-makers in need of a better understanding of the settlement of international disputes in East Asia, in particular among Korea, Japan, and China, and indeed the wider world.\" -Youngmin Seo, Ministry of Foreign Affairs, Korea\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eAcknowledgments Preface  Chapter I:  Korea’s Encounter with the Modern International Legal System  I.\tIntroduction 1.1. International Order of East Asia in the Era of International Law: Acceptance and the Status of Korea in International Law  1.2 Status of International Law in the Domestic Legal System of Korea  1.3 Treaty Making in Korea  II.\tConceptions of International Law  2.1 Positivism in International Law  III.\tHistorical Context of International Relations in Northeast Asia  3.1 Brief Historical Context of International Relations in Northeast Asia  IV.\tIntroduction of Western International Law  4.1 Introduction of Western International Law into East Asia  Judicial Decisions  A. Treaties and International Agreements  \t(1) Direct Application of Treaties \tConstitutional Court [97 Heon-ba 65] Decision issued November 26, 1998. \t\t \t(2) Self-Executing Treaties \tSupreme Court [96 Da 55877] Judgment issued March 26, 1999.  \t(3) Effect of Treaties as Domestic Law  a.\tConstitutional Court [99 Heon-ma 139, 143, 156, 160 Consolidated] Decision issued March 21, 2001. b.\tConstitutional Court [2002 Heon-ma 611] Decision issued April 24, 2003. c.\tConstitutional Court [2000 Heon-ba 20] Decision issued September 27, 2001.  \t(4) Precedence in the Application of Treaties as Lex Specialis \tSupreme Court [82 Da-ka 1372] Judgment issued July 22, 1986.  \t(5) Harmonious Interpretation of Domestic and International Law \tConstitutional Court [2004 Heon-ba 47] Decision issued April 24, 2008.  \t(6) Whether Agreed Minutes is a Treaty Constitutional Court [99 Heon-ma 139, 142, 156, 160 Consolidated] Decision issued March 21, 2001.  (7) Legal Nature of the Joint Statement of ROK-US Ministers of Foreign Affairs Constitutional Court [2006 Heon-ra 4] Decision issued March 27, 2008.  B. International Customary Law  (1) Application of International Customary Law Supreme Court [97 Da 39216] Judgment issued December 17, 1998.  Chapter II:  The Legacy and Impact of Japanese Colonialism  I.\tIntroduction  II.\tAnnexation by Japan  2.1\tThe Legality of the 1910 Annexation of Korea by Japan  III.\tSan Francisco Peace Treaty  3.1\tThe 1951 San Francisco Peace Treaty and Its Relevance to the Sovereignty over Dokdo  3.2\tThe San Francisco Peace Treaty with Japan of 1951 and Territorial Disputes in East Asia  IV.\tColonial Claims against Japan  A.\t1965 Korea-Japan Claims Settlement Agreement  4.1\tThe 1965 “Korea-Japan Claims Settlement Agreement” and Individuals’ Claims Rights  B.\tComfort Women and Forced Labor  4.2\tHistorical Issues between Korea and Japan and Judicial Activism: Focus on the Recent Decisions of the Korean Constitutional Court concerning Comfort Women and the Supreme Court Decision on Japanese Forced Labor 4.3\tHistorical Issues between Korea and Japan and Judicial Activism:  Focus on the Recent Supreme Court Decision on Forced Labor  C.\tDokdo  4.4\tThe San Francisco Peace Treaty, International Law on Territorial Disputes, and Historical Criticism  Judicial Decisions  A. Forced Labor Cases  (1)\tMitsubishi Heavy Industries (2009 Da 22549 Verdict, issued May 24, 2012 [Supreme Ct.]).  (2)\tNew Nippon Steel Corporation (2009 Da 68620 Verdict, issued May 24, 2012 [Supreme Ct.]).  B. Comfort Women Case  (1)\tConstitutionality of Nonfeasance under Article 3 of the Agreement between the Republic of Korea and Japan Concerning the Settlement of Problems in Regard to Property and Claims and Economic Cooperation (2006 Heonma 788 Decision, issued August 30, 2011 [Const. Ct.].  Chapter III:  International Legal Issues Arising from a Divided Nation  I.\tIntroduction  II.\tMaritime Border  2.1 The Maritime Boundaries of North Korea in the Yellow Sea  III.\tMaritime Conflicts  3.1\tLethal Maritime Conflicts between North and South Korea: Any Role for International Law?  3.2\tThe Cheonan Incident: A Perspective from International Law and Politics  IV.\tLaw of the Sea  4.1\tNorth Korea and the Law of the Sea  V.\tSafety of Navigation  5.1\tKorea and the Safety of Navigation: Uncertainty Derived from Undefined Fences  Judicial Decisions  (1) Is the UN membership of ROK and DPRK a Mutual, Tacit Consent? Constitutional Court [95 Heon-ga 2] Decision issued October 4, 1996.  (2) Legal Nature of the Inter-Korean Basic Agreement Constitutional Court [89 Heon-ma 240] Decision issued January 16, 1997.  (3) Territorial Clause of the Constitution and the Status of North Korea Supreme Court [90 Do 1451] Judgment issued September 25, 1990  (4) Status of North Korea’s Military Government Military Supreme Court [4281 Heong-sang 10] Judgment issued March 24, 1948.  Chapter IV:  The Development of the Law of the Sea in Korea  I.\tIntroduction  II.\tFisheries  2.1\tKorean Response to Changes of the International Legal Framework for Fisheries in the Northeast Asian Seas  2.2\tFisheries in the East China Sea and the Issue of Law Enforcement in the EEZ: Korean Perspective  2.3\tThe Legal Assessment of the Illegal Fishing Activities of Chinese Fishing Vessels: A Focus on Detention of Foreign Vessels  III.\tMaritime Security and Safety  3.1\tKorea’s Maritime Challenges and Priorities  3.2\tThe Legal Framework of Maritime Security in East Asia: A Comparative View  IV.\tMaritime Cooperation  4.1\tProtection of the Sea Lanes in the Jeju Waters and Maritime Cooperation in Northeast Asia  V.\tMaritime Boundaries  5.1\tIntertemporal Law, Recent Judgments, and Territorial Disputes in Asia  5.2\tTerritorial Disputes and Delimitation Issues between Korea and Its Neighbors   5.3\tMaritime Delimitation and Joint Resource Development in the East China Sea  VI.\tPiracy  6.1\tKorea’s Maritime Challenges and Priorities – Piracy and Armed Robbery Against Ships  6.2\tRepublic of Korea v. Araye  Judicial Decisions  (1) Judgment on the New Fisheries Agreement between Korea and Japan Constitutional Court [99 Heon-ma 139, 142, 156, 160 Consolidated] Decision issued Mar. 21, 2001.  (2)\tCase concerning Piracy Republic of Korea v. Araye (2011 Do 12927 Verdict, issued December 22, 2011 [Supreme Ct.]).  Chapter V:  Other International Legal Issues Affecting Korea  I.\tMigration  1.1\tKorean-Chinese, Migrant Workers, Marriage Immigrant Women, and the Refugee Act  II.\tBorder between North Korea and China  2.1\tImplications of the Border Regime between North Korea and China  III.\tGando  3.1\tAnalysis of Korea’s Claim of Sovereignty over Gando (Jiandao) Area in China under International Law  Index","brand":"Brill","offers":[{"title":"Default Title","offer_id":53210685112663,"sku":"9789004315785","price":54.4,"currency_code":"GBP","in_stock":false}],"url":"https:\/\/bookcurl.com\/products\/the-making-of-international-law-in-korea-from-colony-to-asian-power-9789004315785","provider":"Book Curl","version":"1.0","type":"link"}