• Journal of the Korean Society of Marine Environment & Safety
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• v.8 no.2
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• pp.45-52
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• 2002

Recently there have been growing disputes between neighboring local governments over jurisdictional rights or property rights of ocean resources in Korean coastal waters. The reasons for the disputes come mainly from the increasing interests by local governments that begin to see the oceans as the source of resources and wealth. The maritime dispute is more complicated and sticky than the inland ones, and requires not only socio-economical but political approach, therefore sometimes demanding a plenty of time and endeavor. Also coastal states that have suffered from maritime boundary problems have different issues under the different environment and historical background. For Korea, as the maritime boundary issue has very recently soared to the surface, though it was latent for the period as long as 20 years, we have just taken steps toward an institutional approach on it, seemingly more to go to reach an agreeable resolutions to the disputes. This paper highlighted the issues surrounding the maritime boundary on the sea surrounding Korean peninsular after addressing the current situation of the boundary disputes. It will help explore and assess the possible solutions to the boundary conflicts over the lateral boundary between local governments.

• Journal of the Korean association of regional geographers
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• v.18 no.3
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• pp.310-325
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• 2012

Human being has used place names to differentiate one place from another. Place names are the products of collective human cognition in that a place name is chosen when it successfully represents the identity of a place. In addition, place names have been changed by the competition and struggle between social agencies and the political imperatives of hegemonic groups to impose their identity on the places. Recent geographic studies on place names have focused on the social and political processes behind the change of place names. In this vein, the purpose of this study is investigating the debates on the decision of city names in the process of the administrative reorganization in mid 1990s by the lens of political geography. Residents in cities and counties tried to justify their arguments by emphasizing historical backgrounds and popularity of their names. Additionally, economic power and potential were mobilized for the political resources to win over the battle over city names. The result, however, shows that the decision of newly consolidated cities' name was mainly made by the amount of political resources, such as population and number of seats in local assemblies. Several regions tried to use city names to negotiate with counterparts. In sum, the decision of place names is the product of political competitions, and the place name becomes the symbol of territorial identity. Place names have been in the center of disputes in local politics even after the name was decided, which suggest further studies on reasonable solution to mitigate the disputes to be expected when additional reorganization of administrative districts.

• Journal of Korean Library and Information Science Society
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• v.20
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• pp.455-470
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• 1993

In recent years, the intellectual property rights (IPR) are increasingly becoming trade goods and the subject of international trade negotiations. During the past decades, intellectual properties earned critical importance for economic development in both developed and developing countries. Developed countries, headed by the United States, that recognize the economic value of the IPR in the world market are aggressively seeking for universal protection of IPR throughout the world. Intellectual properties have unique qualities that distinguish them from other tangible goods. Most importantly, they are public goods created on the basis of knowledge and information accumulated throughout human history and shared by different cultures. However, there is a growing tendency that the quality of public goods are being etched away as the property concept in IPR expands. In this paper, I discuss how copyright and patent laws incorporated the concept of property right as natural right to one's intellectual creations in early formation of the laws in Europe. I argue that copyright law and patent law are the historical products resulting from political, economic, and ideological factors interacting in a certain society. A history of copyright and patent points to that the intellectual property rights as natural lights of authors and inventors as argued by developed countries in international disputes, are not universal, but unique historical products. Copyright and patent laws have been shaped and developed as regulatory measures by governments to promote and control industries by providing authors and inventors with monopoly incentives. Since property right was used as a regulatory device it was restricted. This is to enhance the distribution of knowledge and information rather than to ensure the property right as an absolute right.

• Convergence Security Journal
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• v.23 no.5
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• pp.199-208
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• 2023

South Korea and Japanese governments have never responded cooperatively to North Korea cyber threats in the past 10 years or even before that. There are two reasons: First, The historical and political conflicts between the two countries were so deep that they did not discuss their mutual needs. Second, officially, Japan had not been subjected to a North Korean cyberattack until 2022 . In particular, the issues of comfort women and forced labor during World War II were holding back the reconciliation between the two countries. With the inauguration of the Yoon Seok-yeol administration, Korea-US relati ons improved dramatically. Tensions in Northeast Asia reached their peak due to the conflict between the US and China. It has become a situation where peace cannot be garaunteed without close cooperation between Korea and Japan led by the United States.

• Journal of Arbitration Studies
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• v.33 no.4
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• pp.37-67
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• 2023

Arbitration is a just and efficient method for resolving economic disputes. It adapts to the needs of economic development and is an important institution in today's society. Around the world, a tradition of resolving disputes through arbitration spontaneously developed in ancient times and gradually evolved into a legal system with the development of jurisprudence starting from the Middle Ages. In China, formal legislation on arbitration began in the modern era during the Republic of China period. However, the origins of arbitration as a method for resolving disputes can be traced back to ancient times, during the Qin and Han dynasties. The most significant modern arbitration legislation in China is the "Arbitration Law" enacted in 1995, which drew on the experiences of foreign arbitration laws. Despite this, there are still many areas in arbitration legislation that require improvement based on practical experiences. Currently, revisions to the Arbitration Law are underway, and historical experiences may offer valuable insights, assisting in better integrating the Arbitration Law with Chinese society. This article primarily focuses on the role and impact of the imported modern commercial arbitration system in China and how it can be harmonized with China's legal culture in the future.

• Analyses & Alternatives
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• v.4 no.2
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• pp.163-202
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• 2020

This paper examines how Japanese society produced and reproduced a distinctively gendered history and memories of the experience of WWII and colonialism in the postwar era. We argue that these gendered narratives, which were embedded in postwar debates about the Peace Constitution and comfort women, have engendered contradictions and made the historical conflicts with neighboring countries challenging to resolve. On the one hand, this deepens conflict, but on the other, it also generates stability in East Asia. After Japan's defeat in WWII, the American Occupation government created the Peace Constitution, which permanently "renounces war as a sovereign right of the nation and the threat or use of force as means of settling international disputes." The removal of the state's monopoly on violence - the symbol of masculinity - resulted in Japan's feminization. This feminization led to collective forgetting of prewar imperialism and militarism in postwar Japan. While collectively forgetting the wartime history of comfort women within these feminized narratives, the conservative movement to revise the Peace Constitution attempted to recover Japan's masculinity for a new, autonomous role in international politics, as uncertainty in East Asia increased. Ironically, however, this effort strengthened Japan's femininity because it involved forgetting Japan's masculine role in the past. This forgetting has undermined efforts to achieve masculine independence, thus reinforcing dependence on the United States. Recurrent debates about the Peace Constitution and comfort women have influenced how Japanese political elites and intellectual society have constructed distinctive social institutions, imagined foreign relations, and framed contemporary problems, as indicated in their gendered restructuring of history.

• 한국사회정책
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• v.25 no.3
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• pp.37-71
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• 2018

Since 2016, public and political interest on basic income has been increased beyond academic interest. The recent debate on basic income has expanded on issues regarding to the concrete implementation of basic income moving further than the debate on conception of the basic income in the abstract level. This study examines major critiques of basic income which was raised from social policy area and makes a counter-argument on these critiques. Major points summarized as follows. First, the problem of jobs and social insurance exclusion is not serious enough to call for basic income. Second, existing social security systems will be crowded out by excessive financial burden if basic income is introduced. Third, policies to cultivate citizens' capacities to cope with a technological change should be given priority over basic income. This study disputes these critiques by counter arguing four points. First, it is necessary to reconstruct welfare state based on basic income, given the labor market changes, such as long-term trend of employment change, newly emerging employment of platform companies, and inconsistency of platform labor and social insurance. Second, hypothesis of crowding-out effect on social security system is just a criticism that can be applied to the basic income initiative of the right-wing. Also, it is unable to find a logical basis or evidence of this hypothesis from the historical process of welfare state development or previous studies. Third, it is necessary to discuss how to reconfigure existing social security system and basic income which are complementary to each other and also have consistency with labor market as a configuration, not as a matter of choosing between basic income and social security system. Fourth, de-laborization does not mean a refusal to labor but a free choice, and the basic principle of social security is not needs but right. In conclusion, in order to develop more productive debate on basic income, it requires more sophisticated discussion and criticism from the point of view of the distributive justice; the debate on the sustainability of social insurance-centered welfare states; and debates on the political realization of basic income.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.95-126
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• 2009

One of the controversial issues in investor-state investment arbitration is the interpretation of "umbrella clause" that is found in most BIT and FTAs. This treaty clause requires on Contracting State of treaty to observe all investment obligations entered into with foreign investors from the other Contracting State. This clause did not receive in-depth attention until SGS v. Pakistan and SGS v. Philippines cases produced starkly different conclusions on the relations about treaty-based jurisdiction and contract-based jurisdiction. More recent decisions by other arbitral tribunals continue to show different approaches in their interpretation of umbrella clauses. Following the SGS v. Philippines decision, some recent decisions understand that all contracts are covered by umbrella clause, for example, in Siemens A.G. v. Argentina, LG&E Energy Corp. v. Argentina, Sempra Energy Int'l v. Argentina and Enron Corp. V. Argentina. However, other recent decisions have found a different approach that only certain kinds of public contracts are covered by umbrella clauses, for example, in El Paso Energy Int'l Co. v. Argentina, Pan American Energy LLC v. Argentina and CMS Gas Transmission Co. v. Argentina. With relation to the exhaustion of domestic remedies, most of tribunals have the position that the contractual remedy should not affect the jurisdiction of BIT tribunal. Even some tribunals considered that there is no need to exhaust contract remedies before bringing BIT arbitration, provoking suspicion of the validity of sanctity of contract in front of treaty obligation. The decision of the Annulment Committee In CMS case in 2007 was an extraordinarily surprising one and poured oil on the debate. The Committee composed of the three respected international lawyers, Gilbert Guillaume and Nabil Elaraby, both from the ICJ, and professor James Crawford, the Rapportuer of the International Law Commission on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts, observed that the arbitral tribunal made critical errors of law, however, noting that it has limited power to review and overturn the award. The position of the Committee was a direct attack on ICSID system showing as an internal recognition of ICSID itself that the current system of investor-state arbitration is problematic. States are coming to limit the scope of umbrella clauses. For example, the 2004 U.S. Model BIT detailed definition of the type of contracts for which breach of contract claims may be submitted to arbitration, to increase certainty and predictability. Latin American countries, in particular, Argentina, are feeling collectively victims of these pro-investor interpretations of the ICSID tribunals. In fact, BIT between developed and developing countries are negotiated to protect foreign investment from developing countries. This general characteristic of BIT reflects naturally on the provisions making them extremely protective for foreign investors. Naturally, developing countries seek to interpret restrictively BIT provisions, whereas developed countries try to interpret more expansively. As most of cases arising out of alleged violation of BIT are administered in the ICSID, a forum under the auspices of the World Bank, these Latin American countries have been raising the legitimacy deficit of the ICSID. The Argentine cases have been provoking many legal issues of international law, predicting crisis almost coming in actual investor-state arbitration system. Some Latin American countries, such as Bolivia, Venezuela, Ecuador, Argentina, already showed their dissatisfaction with the ICSID system considering withdrawing from it to minimize the eventual investor-state dispute. Thus the disagreement over umbrella clauses in their interpretation is becoming interpreted as an historical reflection on the continued tension between developing and developed countries on foreign investment. There is an academic and political discussion on the possible return of the Calvo Doctrine in Latin America. The paper will comment on these problems related to the interpretation of umbrella clause. The paper analyses ICSID cases involving principally Latin American countries to identify the critical legal issues arising between developing and developed countries. And the paper discusses alternatives in improving actual investor-State investment arbitration; inter alia, the introduction of an appellate system and treaty interpretation rules.

• Journal of Korea Entertainment Industry Association
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• v.15 no.3
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• pp.75-88
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• 2021

The film won the Golden Palm Award at the Cannes Film Festival, and received the Academy Award for a non-English-speaking film in February 2020, respectively. It has received a monumental evaluation in the world film history. Overall, this film is about class conflict, and critics evaluate the theme of the film as "badly twisted class gap" and "anger from class." The film expresses an intrinsic conflict embodied in culture as a "tragedy in which no bad person appears," rather than the dichotomous composition of the classical class struggle from Marxism. In other words, this can be seen as expressing the substrated class relationship of the modern society that Pierre Bourdieu had argued. This film has been focused as a controversial target under Korea society with excess of ideology. Politics used to adopt the keyword, 'parasite', for political disputes not only in culture contents world. Paradoxically socialism China did not allow to release film 'Parasite.' On the other hand, Lee O-Yong argues that the movie "Parasite" does not look at social phenomena through a dichotomous perspective, but is viewed through a "double perspective" and evaluates that it does not lose eyes looking at humans through tension. This view is based upon 'Vital Capitalism'. Lee. O-Yong looks at the movie "Parasite" from the perspective of "Vital Capitalism". The theory of Vital Capitalism does not seek to find the root of historical development in class struggle conflicts, but rather figuring out history and society pays attention onto the intrinsic characteristics of life, Topophilia, Neophilia, and Biophilia. Lee Eo-ryeong argues that the development of civilization theory evolved from the stage of Hobbes' Darwinism or predatism to the stage of host vs. parasite of Michel Serres, and onto the stage of Margulis's 'Win-Win (inter-dependence)'. In this paper, after overview of vital capital concept and preceeding research, re-interpretations were tried onto scenes based upon fields from habitus, culture capital. This exploration looks for a alternative for excess of ideology in Korea society.