2015년 12월 16일 수요일

Trans-Pacific Partnership (TPP) as a US Strategic Alliance Initiative under the G2 System: Legal and Political Implications

Eric Yong Joong Lee Dongguk University College of Law
562 Gwangnaruro, Kwangjin-gu #201 Seoul 143-821 Korea
Corresponding Author: grotian@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
"The rise of China" is a critical issue of the twenty-first century's world politics. China is leading the new bipolar system in the post-Cold War period with the US. As the American dominance in East Asia became weaker, the old containment could not be fully implemented anymore. As a result, a new comprehensive strategic initiative covering the whole Pacific coastal States is being adopted. The outcome of this transformation is the Trans-Pacific Partnership (TPP), which was reached on October 5, 2015. This article aims to analyze the newly arisen TPP as a post-Cold War strategic alliance of East Asia. The TPP is a mega regional trade agreement. Its predictable legal setting is thus indispensable for the peaceful coordination of competition between both sides. The TPP could be a firm ground for the stability of this region, sharing the vision of cooperation, not confrontation in the future.

Keywords : TPP, Containment, New Bipolar System, China, Mutual Defense Treaty, Pivot to Asia, One Belt, One Road Initiative, RCEP

The Full Text is available at: http://journal.yiil.org/home/archives_v8n2_02

The Rights of Mongolia's Internal Migrants under International Law: Climatic, Domestic and Commercial Responsibilities

Benoît Mayer National University of Singapore, Singapore
Eu Tong Sen Building, 469G Bukit Timah Road, Singapore 259776.
Corresponding Author: bmayer@nus.edu.sg
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Over the last decade, 350,000 people have moved from Mongolia’s countryside to the suburbs of its capital, Ulaanbaatar, where they live in abject poverty despite the rapid economic development of the country. This article proposes three complementary international legal analyses of this internal migration. First, because this migration is partly and indirectly induced by the adverse impacts of climate change, States have a common but differentiated responsibility to assist the Mongolian government to address climate migration. Second, Mongolia should bear its own responsibilities to take steps to realize the social and economic rights of its population without discrimination. Third, Mongolia’s commercial partners should be warned against any control or influence that would cause harm to Mongolia, in application to public international law on State responsibility and to States’ extraterritorial human rights obligations. While each narrative reveals an important dimension of a complex phenomenon, this article argues that all policy levers must urgently be pulled to guarantee the rights of Mongolia’s internal migrants.

Keywords : Mongolia, Migration, Narratives, Climate Change, Development, Geopolitics, Environment, Human Rights.

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2014.7.1.10

2015년 12월 15일 화요일

The Legality of Japan's Current Monetary Policy under International Law

John Riley Sogang University School of Law, Korea.
35 Baekbeom-ro (Sinsu-dong), Mapo-gu, Seoul 121-741 Korea.
Corresponding Author: johnriley007@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
In response to the 2008 global financial crisis, many of the world's largest central banks initiated unconventional monetary policies such as quantitative easing when standard open market operations became ineffective. The Bank of Japan, the US Federal Reserve, the Bank of England and the European Community Bank were among those that aggressively increased their respective monetary bases to purchase specified financial assets from commercial banks and financial institutions in order to lower interest rates interest rates for specific debt securities and stimulate their economies. Japan, which has long suffered from years of debilitating deflationary cycles, has targeted and committed to open-ended purchases until a stable two percent rate of consumer price inflation is achieved. Several of Japan's chief exporting rivals, in particular China, have publicly criticized the Bank of Japan for using its current monetary policy to intentionally devalue its currency and thereby benefit from an unfair trade practice. This criticism is unwarranted and Japan's policy complies with international law.

Keywords : IMF, WTO, Currency Devaluation, Exchange Rates, Quantitative Easing, Bank of Japan

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2014.7.1.09

Japan's Unspoken Currency Manipulation by Monetary Policies: A Chinese Lawyer's Perspective

Xin Chen Xiamen University Faculty of Law, China
Xiamen University, Faculty of Law, 422 South Siming Road, Xiamen, China, 361005.
Corresponding Author: echoflying@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
During the past few years, the Bank of Japan has injected billions of yen into the economy and pursued a monetary easing policy. Japan has plausible arguments, namely that its current policies are needed to support the growth of the economy and to spur inflation. However, these measures result in a weakened yen and increase trade imbalances between Japan and other Asian countries, particularly China. This article argues that Japan's practice is rooted in protectionism and examines such actions under the IMF Agreement and the WTO system. It is suggested that the Chinese government should adopt diplomatic and judicial approaches to urge Japan to return to normal monetary policies.

Keywords : Devaluation, Yen, Quantitative Easing Policies, Exchange Rates Manipulation, IMF, WTO

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2014.7.1.08

Is the so-called 'Rusk Letter' be a Critical Evidence of Japan's Territorial Claim to Dokdo Island?

Yuji Hosaka Sejong University, Korea.
313 Saenal-gwan, Sejong University Gunja-dong, Gwangjin-gu, Seoul 143-747 Korea.
Corresponding Author: hosaka@sejong.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This paper provides detailed analysis of the so-called 'Rusk Letter' which has been generally referred to as an evidence of Japan's territorial claim to Dokdo island. The Rusk Letter is a diplomatic epistle which was drafted by Dean Rusk, the US Assistant Secretary of State and sent to the Korean Embassy in the US on August 10, 1951. This letter considers Dokdo as Japan's territory. However, the Rusk Letter has been legally and historically criticized from mainly two aspects. First, the Rusk Letter referred to the ownership of Dokdo only considering the Japanese position which was not true. Second, this letter was a confidential and unofficial document which was sent only to Korea; Japan and even the US Embassy to Korea did not know the Rusk Letter. It did not influence on the decision of Peace Treaty. Therefore, the Rusk Letter cannot be a critical evidence of Japan's territorial claim over Dokdo.

Keywords : Rusk Letter, Dokdo, Takeshima, Territorial Claim, Evidence, San Francisco Peace Treaty, Cairo Declaration, Potsdam Declaration, US draft, US-British Draft

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2014.7.1.07

The Geneva II Peace Talks and the Syrian Conflict: Neglected Legal Elements

Medwis Al-RashidiKuwait University School of Law, Kuwait
P.O. Box 869, Ardiyah, Kuwait
Corresponding Author: profmedwis@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The Syrian conflict consists of political and legal components that can be managed under the UN Charter by both political and legal measures. As a result of Russian and Chinese vetoes, the UN Security Council has failed to resolve the conflict by forcible measures, although the Council was able to convene the Geneva II peace talks between the Syrian government and the Syrian opposition on January 24, 2014. The legal aspect of this conflict has been referred to in numerous reports from UN bodies that have emphasized that war crimes have been committed by the Syrian government. Thus, we believe that the UNSC has an obligation to submit this case to a court with appropriate international jurisdiction for its legal resolution. This legal solution should be part of a compromise that satisfies Russia and China pursuant to a Security Council resolution under Chapter VII of the Charter that accompanies the peace talks.

Keywords : Syrian Conflict, UN Security Council, Geneva II peace talks, Geneva Convention, Crimes against Humanity, HRC, IICISAR, Rome Statute

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2014.7.1.06

Haunting Phantom on the Way to the Korean Reunification? The Chinese People's Volunteer Army in the Korean War and Its Legal Questions

Eric Yong Joong Lee Dongguk University, college of Law; YIJUN Institute of International Law
562 Gwangnaruro, Kwangjin-gu #201 Seoul 143-821 Korea
Corresponding Author: grotian@hotmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Although relationships among the former belligerent parties of the Korean War have changed drastically over the decades, the parties still remain under the armistice system because the Korean War is not over legally. The primary purpose of this research is to analyze questions related to the Chinese People's Volunteer Army in the Korean War from an international legal perspective. As a new topic, this is intended to be a precautionary examination of an issue that could haunt the eventual process of peacemaking on the Korean peninsula. The main text of this article consists of three parts. The first examines whether the Chinese People's Volunteer Army's entering the Yalu River was self-defense under Article 51 of the UN Charter. The second part covers various legal questions relating to armed hostilities in the Korean War under international law. The third part discusses the legal questions around an armistice negotiation.

Keywords : CPVA, Korean War, Armistice, POWs, 38th Parallel, Self-Defense, UN Forces, MacArthur, Peng Teh-Huai

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2014.7.1.05