Journal of East Asia & International Law

desde Abril 2008
Último Número: Abril 2013

Yijun Institute of International Law
ISSN 1976-9229


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Núm. 6-1, Abril 2013

Issue focus

Implementation System of the WTO Dispute Settlement Body: A Comparative Approach

The implementation system of the recommendations and rulings of the Dispute Settlement Body is an important component of the WTO dispute settlement procedure. Where there is any disagreement between disputing parties as to the existence or consistency with a covered agreement of measures taken to comply with the recommendations and rulings, a winning party may refer the matter to a compliance panel and the Appellate Body. If a losing party is found to have failed to comply with the recommenda...

Is Dumping Still Harmful? New Thinking on Antidumping in the Global Free Trade

The debate on whether antidumping law should be integrated into competition law is a relatively new but very significant one. Building on prior scholarship, this paper attempts to contribute to the debate by reexamining the fundamental justification of antidumping law. An exploration into the economic theories of dumping and the evolution of antidumping law indicates that the current antidumping system neither serves the broad goal of preventing ‘unfair trade’ nor functions as a ‘quasi-safegu...

Bracing for the Hidden Fallout: Systemic Implications of the Sino-US Trade Disputes at a Time of Changing International Trade Paradigms

Global trading regimes are currently undergoing significant changes. It is most vividly shown in the recent spread of FTAs and the surge of protectionism. These fast changes pose new challenges to many countries in terms of formulating and implementing their respective trade policies. The increasing confrontation between the United States and China in trade sectors now operates as a multiplier and accelerator of this fast-changing global trade landscape. Recent disputes between the two have u...

Article

'Human Dignity' as an Indispensable Requirement for Sustainable Regional Economic Integration

This article proposes the principle of human dignity as an indispensable requirement for sustainable regional economic integration, especially in East Asia. The contribution of free trade to economic growth and development is widely acknowledged. The economic survival of workers and farmers lacking international competitiveness has been, however, endangered, because of the expansion of trade liberalization and investment based on economic integration. Economic integration that ensures human d...

The UNCLOS and the US-China Hegemonic Competition over the South China Sea

The South China Sea is a semi-enclosed sea with a complex set of territorial claims by a number of Southeast Asian nations and China being the dominant claimant country. The United States is not a party to such claims. However, the US has great concerns pertaining to peace and stability of the region as far as freedom of navigation in the SCS is concerned, which has significant repercussions for its strategic interests. In addition to the utilization of the SCS as an important international t...

Notes & Comments

China's Basepoints and Baselines under the United Nations Convention on the Law of the Sea: A Critical Analysis

China’s straight baseline regime deviates from the UN Convention on the Law of the Sea in a number of ways. Such discrepancies are likely to induce legal and political conflicts between countries, and also the settlement of which would not be easy, in particular, among the East Asian countries. In consideration of this point, the legal issues surrounding China’s straight baselines and basepoints should be analyzed and evaluated not only from the perspectives of UNCLOS, but also through compar...

Legal Issues of China's Possible Participation in the International Space Station: Comparing to the Russian Experience

China has made great achievements in space activities in recent years. While emphasizing the principle of self-independence, China also acknowledges the importance of space cooperation. As early as 2001, China indicated its interest in joining the International Space Station. However, no substantive progress has been made concerning China’s participation thus far. This may be a result of political and economic, rather than legal and technical, considerations. There is no doubt that China’s pa...

Regional focus & Controversies

Remedying 'Enforced Sexual Slavery': Validating Victims' Reparation Claims against Japan

It has been over two decades since the Japanese practice of enforced sexual slavery began to receive widespread attention. Yet despite numerous international efforts to urge Japan to squarely acknowledge its moral and legal responsibility, there has been no meaningful progress to resolve this matter. This work revisits the issue of enforced sexual slavery as it stands today. The Japanese practice of enforced sexual slavery was a clear violation of international law at the time. Therefore, ind...

A Consideration of the so-called Comfort Women Problem in Japan-Korea Relations: Embracing the Difficulties in the International Legal and Policy Debate

The main purpose of this short essay is to mitigate harsh debate about ‘comfort women.’ Although it is not expected to be resolved in the foreseeable future, understanding the structure of the problem based on the fact-finding and legal analysis would enable the two peoples to seek a better solution. The author claims that: (1) although some of the historical facts remain unclear, and some people tend to focus too much attention on fact-finding, from the viewpoint of international law, suffic...

Trespass to Airspace: How to Deter North Korea from Its Space Ambitions?

In deterring North Korea from pursuing its space ambitions, the neighbouring States may consider to advance a sovereignty argument that North Korea’s overflying rockets have trespassed to their territorial airspace. The current UNSC Resolution-based arguments may not provide adequate deterrence because they are built upon a unilateral interpretation of the UNSC Resolutions and therefore lack legal persuasiveness. Currently, there is seemingly a strong international consensus favoring the dema...


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