According to Lee, these are extraordinary measures in the history of North Korea's legal system. J O S E P H H A RT E is Executive Director of the Center for Korean Legal Studies and Lecturer in Law at Columbia Law School.
Prospects for Inter-Korean Relations after 70 years of Division: Historical, Regional and
Historical and Legal Perspectives on Inter-Korean Relations in a Regional and Global Context
The Korean Question (1870~1910)
The Question of Independence under a New Legal Order
Introduction
It provides the historical and legal framework from which to approach an examination of the development of the "Korean question" for the subsequent periods that follow. In the wake of the division of the Korean Peninsula, the "Korean Question" becomes a formal debate in the United Nations.
The Korean Question (1870~1894)
Defining Korea’s Political and Legal Status
Early Contacts with the West
However, the exact nature of the relationship and whether the use of China's good offices should precede any contact with Korea was not yet clear. In preparation for the Korean expedition, the United States had asked China's good offices to send a letter on its behalf to Korea stating the United States' intentions to engage in negotiations regarding the security of its sailors.
New Treaty System
The first was the successful conclusion of the Treaty of Peace, Friendship, Commerce, and Navigation, concluded on May 22, 1882, between the United States and Korea. Faced with the United States' rejection of its request, China persuaded Korea's King Kojong to include a letter in the treaty explaining Korea's traditional relations with it.
Japanizing Korea’s Political and Legal Status
In the period immediately preceding the outbreak of the Russo-Japanese War in 1904, the status of Korea. A similar recognition can be seen in the Agreement between the United Kingdom and Japan concerning China and Korea, signed on 30 January 1902, where the Empire of Korea is expressly recognized as an independent country.
Review on the Previous ROK
Government Policies for Unification and Future Policy Options in View
Lessons of the German Unification
- Coherent Policy of “Change through Contacts”
- Strong Alliance with the West
- Consistent Dialogues between the Two Germanys
- Winning the Hearts of the East Germans
- Decisive Role of the West German Leadership
This was partly due to the particular nature of the West German political system that seeks. In August 1989, Chancellor Kohl exchanged letters with Erich Honecker, the general secretary of the East German communist party.
Review on ROK Government’s Policy for Unification
- Roh Tae Woo Administration
- Kim Young Sam Administration
- Kim Dae Jung Administration
- Roh Moo Hyun Administration
- Lee Myung Bak Administration
Dramatic changes in South Korea's perception of North Korea and unification policies have contributed to improved inter-Korean relations. First, North Korea's nuclear weapons program has proven to be the biggest obstacle to improving inter-Korean relations. The Joint Declaration on the Denuclearization of the Korean Peninsula, signed by both Koreas in late 1991, paved the way for denuclearization negotiations in North Korea.
North Korea hoped that improved relations with the South would pave the way for improved relations with the United States and Japan. Due to German unification and the collapse of the Soviet Union and its socialist allies in Eastern Europe, North Korea. During the Roh administration, there was a wide gap between the United States and South Korea over the handling of North Korea.
North Korea sent a cheering squad of hundreds to the 2003 Summer Universiade in Daegu.
Conclusion - Policy Recommendations
The North Koreans tend to use dialogue to extract aid or political gains from South Korea and other countries. The second key element is that South Korea must continue to provide humanitarian assistance to North Korea. According to its constitution (Article 3), South Korea claims sole representation over the North Korean population.
North Korean defectors are received in South Korea as South Korean citizens, just as East German defectors enjoyed West German citizenship. Some experts argue that South Korea may be able to intervene in North Korea in emergency situations to protect its own nationals under its constitution. In a similar vein, South Korea is responsible for feeding North Koreans who are starving.
The North Korean regime has spared no effort to sow hostility in the hearts of their citizens against South Korea and the United States.
Developing a Law and Global Governance Approach to Korean Unification and
Law and Global Governance” Defined
- Global Governance as Integrated, Institutional Interdependence
- Law and Global Governance
For a substantial overview of the term's frequent use in the following decade, see Klaus Dingwerth and Phillip Pattberg, “Global Governance as a Perspective on World Politics,” Global Governance, vol. 185~203 (attempting to construct a more specific definition of the term in response to Finkelstein's observation that “global governance seems to be pretty much everything”). For a discussion of the relationship between the term “global governance” and popular notions of “world government,” see Weiss, “What Happened to the Idea of World Government.”
The term "global government" is of course a much more convenient shorthand for this understanding of the current state of world order. Abbot and Duncan Snidal, "Law, Legalization and Politics: An Agenda for the Next Generation of IL/IR Scholars," in Interdisciplinary Perspectives on International Law and International Relations: The State of the Art, eds. 16 For an informative discussion of the relationship between these norms, see generally Eyal Benvenisti, The Law of Global Governance (The Hague: Hague Academy of International Law, 2014).
One of the most significant characteristics of law is that it addresses the specific while retaining generalized statements of agreed norms.
Law and Global Governance as Applied to Inter-Korean Relations
- North Korean Participation in Global Governance Institutions
- Inter-Korean Relations and the Global Governance Agenda
Arner, “Global and Regional Financial Governance: Implications for Inter-Korean Relations and the Unification Process,” in Inter-Korean Relations and the Unification Process in Regional and Global Contexts, eds. See also Jong-Chul Park, “A Search for Introducing Confidence-Building Measures and a Peace Regime on the Korean Peninsula,” in Inter-Korean Relations and the Unification Process in Regional and Global Contexts, eds. If the desire is to take advantage of the current state of the global legal order to bring inter-Korean relations into the governance matrix of the 21st century, agreements that reflect the current state of global legalization should be sought and used for the benefit of both sides.
The CIA Factbook lists 76 international organizations of which the ROK is a member.23 Comparing this list with that of the DPRK, we can find 23 organizations of which the ROK and the DPRK are both members.24 Efforts to improve inter-Korean relations putting it into practice should start with a framework for legislation and global governance. Over time, these norms harden in practice and a global legal order develops that addresses and supports inter-Korean concerns. This is not to say that the inter-Korean rift would or should therefore become permanent.
A final consideration for developing a law and global governance approach to inter-Korean relations involves a review of the global governance agenda to identify those issues that are (1) of particular importance to the development of inter-Korean relations and the promotion of unification, or (2) the potential for productive outcomes that contribute to a greater level of regional or global cooperation.
Conclusion
Implications for Inter-Korean Relations and the Unification Process.” Inter-Korean Relations and the Unification Process in a Regional and Global Context. International Institutions Today: The Imperial Global State in the Making.” European Journal of International Law. Recent International Responses to the Human Rights Situation in North Korea.” Inter-Korean Relations and the Unification Process in a Regional and Global Context.
How Economic Globalization Helps Build a Private Transnational Legal Order." In Future Law and the Future of Law. A Quest to Establish Confidence-Building Measures and a Peace Regime on the Korean Peninsula." In Inter-Korean Relations and the Unification Process in Regional and Global Contexts. Globalization and Law: Ten Theses.” In The Law of the Future and the Future of Law: Volume II.
South Korea's Leadership in East Asia: A Middle Power Promoting Regionalism.” In Asian Leadership in Policy and Management.
Novus Ordo Seclorum
Regional Interests in Korean Unification
Regional Powers’ Conflicting Interests and Views on Unification
- China
- Japan
- Russia
- The United States
- Divergent Views Likely to Hamper Unification Process As a result of the conflicting views on the desirability of Korean uni-
- Impact on the Balance of Power
- Security Gains
- Economic Gains
- Human Rights Boon
Will the United States and the rest of the region see the net benefits of the unification of the two Koreas outweighing their respective security concerns. Even Japan, despite its rhetorical support for the peaceful unification of the Korean peninsula, has not viewed Korean unification with a favorable lens. Joint Vision for the Alliance of the United States of America and the Republic of Korea", June 16, 2009.
For starters, North Korea has proven to be one of the most vexing and persistent problems in the United States. However, after unification, a continued alliance with the United States will not necessarily mean the continuation of the status quo. This only scratches the surface of the potential economic opportunities for the region from Korean unification.
Joint Vision for the Alliance of the United States of America and the Republic of Korea.” June 16, 2009.
A Search for Introducing
Confidence-Building Measures and a Peace Regime on the
North Korea’s Nullification of the Armistice System and Insistence on Concluding a North
- North Korea’s Previous Stance
Since 1990, North Korea has gradually broken the armistice and disabled the armistice organizations (Military Armistice Commission and Neutral Control Commission). North Korea withdrew its representative (April 1994) and China's representative (December 1994) from the representatives of the Military Armistice Commission. In addition, North Korea withdrew Czech representatives (April 1993) and Polish representatives (February 1995) from the Neutrality Control Commission.
North Korea also proposed forming a joint military organization between North Korea and the United States to replace the Military Armistice Commission to implement the interim agreement.3. North Korea has asked the US to stop its hostile policy towards North Korea, provide negative security guarantees and make the Korean Pen-. North Korea has stepped up a peace offensive against the United States and called for talks on denuclearization.
After June 2013, North Korea concentrated its efforts on an offensive dialogue proposal towards the United States.
Direction of Establishing Peace on the Korean Peninsula through Confidence-Building
- Maintenance of Peace through Deterrence and Security Preparedness
- Constructing Gradual Military Confidence- Building Measures
- Establishing a Peace Regime on the Korean Peninsula According to Denuclearization and Confidence-Building
Second, the establishment of a peace regime on the Korean Peninsula should be promoted at multiple levels. Fourth, the establishment of a peace regime on the Korean Peninsula must proceed in parallel with arms control. North Korea's position is that arms control must first occur to eliminate elements that threaten peace on the Korean Peninsula.
Denuclearization and the Establishment of a Peace Regime on the Korean Peninsula [in Korean]”, South Korea and International Politics, vol. Moreover, North Korea's development of nuclear weapons has qualitatively changed the security situation on the Korean Peninsula. Therefore, it is desirable to build trust and establish peace on the Korean Peninsula through a gradual process.
Disarmament and Establishment of a Peace Regime on the Korean Peninsula [in Korean].” South Korea and International Politics.
Recent International Responses to the North Korean Human
Introduction: North Korean Human Rights and Korean Unification
