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Korean Yearbook of International Law (Vol.9)
신간
Korean Yearbook of International Law (Vol.9)
저자
The Korean Branch of the International Law Associa
역자
-
분야
법학
출판사
박영사
발행일
2022.09.30
개정 출간예정일
페이지
424P
판형
크라운판
ISBN
979-11-303-4247-4
부가기호
93360
강의자료다운
-
정가
40,000원

초판발행 2022.09.30


The Korean Yearbook of International Law, now in its ninth volume, takes us into the vast reaches of the oceans and outer space, where issues of international law can be as murky as the lightless depths of the sea and uncharted as the darkness between the stars.

Professor Chang-Wee Lee presents a dynamic view of how the international law of the sea has been shaped and continues to be shaped by the push and pull between world powers and factions with opposing agendas, namely maritime powers such as the United States and coastal states like China. The concepts of creeping and thickening jurisdiction illustrate how coastal states have pushed back against the traditional freedom of the seas, and give us perspective on the past and future developments of the law of the sea.

Professor Emeritus Seok-Yong Lee invites us to swim out to adjacent waters, seemingly familiar, that reveal new and unexpected ripples and tides on closer examination. The law of marine scientific research challenges conventional ideas of the neutrality and beneficence of science, showing what a hotly contested legal area research on the seas can be. Professor Lee’s exacting explanations of the different areas and modes of research and the overlaps and fissures between the laws that govern them give some much-needed illumination in the turmoil.

Sailing onward along trade routes and the waves of international commerce, on waters that brim with dangers as well as opportunity, Judge Min-Kyung Kim discusses the treatment of marine cargo insurance contracts and specifically the interaction between English governing law clauses and Korean law when marine insurance disputes arise before Korean courts. Judge Kim ably weaves between English legal history and case law to discuss depecage in two types of governing law clauses, and makes the argument that the pre-contractual duty of disclosure is not a question of liability.

Our final Article in this collection leaves the Earth altogether, at least in imagination and aspiration, for space and its unexplored possibilities. Some very earthly realities must be dealt with in the process, however, and Professor Emeritus Han Taek Kim discusses the Artemis Accords led by the United States and their relation to the existing laws of outer space, especially the Outer Space Treaty. Principles such as the use of space for peaceful purposes and non-appropriation give us perspective on both the continuity and innovations of the Accords and the struggles between the major space powers to shape the laws in this literal space.

The Special Reports continue the discussion of recent international legal practice with the issue of sovereignty over Dokdo (Doctor See-Hwan Doh, International Legal Review of Korea’s Sovereignty over Dokdo and Japan’s Claim of Original Title), Japan’s targeted use of international law for positioning and narrative in international disputes (Professor Emeritus Seung-Hwan Choi, Japan’s Use of “Lawfare” to Resolve International Disputes), and how the Korean courts decide which laws apply in divorce cases with international elements (Professor Jong Hyeok Lee, Applicable Law Issues of International Divorce Cases at Korean Courts).

The offerings in Recent Developments give insights into state practices in Korea and East Asia with international implications, including Japan’s decision to release radioactive water from the Daichi Nuclear Power Plant into the ocean (Professor Jae-Chun Won, Impact of Japan’s Release of Treated Water from Daichi Nuclear Power Station and Its International Legal Implication on Korea and Broader Northeast Asia), the end of restrictions on Korea’s ballistics missile program and its efforts to join the ranks of space powers (Professor Emeritus Han Taek Kim, Law and Policy on Korea’s Space Development), legislative measures to meet its greenhouse gas emission reduction targets under the Paris Agreement (Professor Doo-Su Kim, Carbon Neutral Legislative Trends for Climate Change Response in the Republic of Korea), its ongoing trade cases in the troubled WTO dispute settlement system (Professor Sun Young Oh, A Summary of WTO Cases Involving the Republic of Korea in the 2020-2021 Year), and amendments to its statutory act on international jurisdiction (Professor Gyooho Lee, International Jurisdiction under the Revised Korean Private International Law of 2022).

Contemporary Practice and Judicial Decisions offers a selection of cases across the Korean legal system, including a Constitutional Court case where the Court found no specific duty for the government to act on behalf of convicted Class B/C war criminals who were forcibly drafted by Imperial Japan, a criminal case where the law of innocent passage was at issue in a case where a foreign defendant was found guilty for undertaking a search for a sunken ship without permission, and an administrative case where the Seoul High Court decided that transit passengers in airports had the right to apply for refugee status.

Finally, the Act on Marine Research and the Use of Marine Information, the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis, the National Assembly’s resolutions related to international law (compiled by Doctor Min Jung Chung, Legislative Research Officer at the National Assembly Research Service), recent judicial decisions in private international law (compiled by Judge Jiyong Jang of the Suwon High Court), and a list of treaties/agreements recently concluded by the Republic of Korea provide references for other articles in the volume and further snapshots of Korea’s international legal practice across different branches of government.

The ocean and outer space are some of the spaces most emble- matic of international law, being in-between places where different peoples and cultures meet, where our goals and plans may clash but where we may also, through communication and effort, learn to dream and build together. At the same time international law may be imagined as such an ocean in itself, depths and breadths in constant flux that bring us together in our separation. I hope this volume can be a guide in navigating these exciting and perilous waters.

Many thanks as always to our authors who were so generous with their time and tireless in their efforts to make this volume of the Yearbook comprehensive and helpful. Professor Gyooho Lee, newly at the helm as Editor-in-Chief, was an encouraging presence with a canny eye for the shoals and waves we faced in this adventure. Our staff editor Da-eun Yun’s work can be seen in every corner of this volume, and she was vital in connecting the rest of us and our efforts. And isn’t that what international law is ultimately about, communication and connection? I hope, similarly, that this volume can be a space where our currents meet while giving you a view of the broader vista of international legal practice in all its dazzling turmoil.

Jee-Hyung LEE
Executive Editor
Korean Yearbook of International Law

LEE Chang-Wee
Professor, University of Seoul, Law School, Seoul, Korea

LEE Seok-Yong
Professor Emeritus, Hannam University, Daejeon, Republic of Korea

KIM Min Kyung
Judge, Daejeon District Court (Korea), LLM (Seoul National University, University of Cambridge), PhD in Law (Seoul National University)

KIM Han Taek
Emeritus Professor, Kangwon National University, School of Law, Chuncheon, Korea

DOH See-Hwan
Senior Research Fellow, Northeast Asian History Foundation, Seoul, Korea

CHOI Seung-Hwan
Emeritus Professor, Kyung Hee University Law School, Seoul, Korea

LEE Jong Hyeok
Assistant Professor, Hanyang University, School of Law, Seoul, Korea

WON Jae-Chun
Professor, Handong Global University, Faculty of Law / International Law School, Pohang, Korea

KIM Doo-Su
Adjunct Professor, Hankuk University of Foreign Studies, Seoul, Korea

OH Sun Young
Associate Professor, Soongsil University, Seoul, Korea

LEE Gyooho
Professor, Chung-Ang University, School of Law, Seoul, Korea

LEE Jee-Hyung
Executive Editor, International law researcher

LEE Keun-Gwan
Professor, School of Law, Seoul National University, Seoul, Korea

LEE Jee-Hyung
Executive Editor, International law researcher

PARK Hyeon-Seok
Professor, Department of Law, Hongik University, Seoul, Korea

CHUNG Min Jung
Legislative Research Officer, National Assembly Research Service

JANG Jiyong
High Court Judge, Suwon High Court

EDITORIAL NOTE
LEE Jee-Hyung


ARTICLES
LEE Chang-Wee
Conflicts over Rule of Law in the Seas between the United States and China

LEE Seok-Yong
Marine Scientific Research in the UN Law of the Sea Convention and Recent Issues

KIM Min Kyung
Applicable Law and Dépeçage issues in Marine Cargo Insurance Contracts in the Korean Courts

KIM Han Taek
Legal Implications and Prospects for Korea’s Participation in the Artemis Accords


SPECIAL REPORTS
DOH See-Hwan
International Legal Review of Korea’s Sovereignty over Dokdo and Japan’s Claim of Original Title

CHOI Seung-Hwan
Japan’s Use of ‘Lawfare’ to Resolve International Disputes

LEE Jong Hyeok
Applicable Law Issues of International Divorce Cases at Korean Courts


RECENT DEVELOPMENTS
WOM Jae-Chun
Impact of Japan’s Release of Treated Water from Daichi Nuclear Power Station and Its International Legal Implication on Korea and Broader Northeast Asia

KIM Han Taek
Laws and Policy on Korea’s Space Development

KIM Doo-Su
Carbon Neutral Legislative Trends for Climate Change Response in the Republic of Korea

OH Sun Young
A Summary of WTO Cases Involving the Republic of Korea in the 2020-2021 Year

LEE Gyooho
International Jurisdiction under the Revised Korean Private International Law of 2022


CONTEMPORARY PRACTICE AND JUDICIAL DECISIONS
LEE Jee-Hyung·LEE Keun-Gwan
Judicial Decisions in Pubic International Law (2021)

LEE Jee-Hyung·PARK Hyeon-Seok
Act On Marine Research and the Use Of Marine Information

LEE Jee-Hyung·PARK Hyeon-Seok
FRAMEWORK ACT ON CARBON NEUTRALITY AND GREEN GROWTH FOR COPING WITH CLIMATE CRISIS

CHUNG Min Jung
Resolutions Related to International Law Adopted by the 21st National Assembly in 2021

JANG Jiyong
Judicial Decisions in Private International Law (2021)


Treaties/Agreements Concluded by the Republic of Korea

INDEX
AUTHOR GUIDELINES AND STYLE SHEET