Korean Yearbook of International Law 10(2022)

LEE Gyooho , LEE Seok-Yong , PARK Hyun-Seok , PARK Young-Kil , SUNG Jae Ho , Won Jae-Chun 지음

박영사 2023년 11월 23일 출간 종이책 : 2023년 10월 16일 출간

작품소개

책소개

The Korean Yearbook of International Law has reached its tenth volume, and as will sometimes happen over the course of a decade, we have suffered a loss within our community. Professor Choi Seung-Hwan of Kyunghee University Law School, the first President of the Korean branch of the International Law Association, passed away suddenly while this volume was being prepared. A driving force behind the publication of the Yearbooks, he is and will be much missed. For more, please refer to the Editorial Board’s moving tribute to Professor Choi in the beginning of this volume.

As we carry on with Professor Choi’s vision to continue and improve the yearbook as a reference abroad for Korea’s international legal practice, the current volume has come together under a broad theme of risk to international exchange. Navigation, trade, business, and immigration across borders create bounties of opportunity. At the same time, these interactions and interfaces are also sources of legal, health, environmental, and other risks.

International law, both public and private, is a major means of managing and mitigating the risks that arise out of international exchange and cross-border issues. The current collection of articles and reports delve into this role of international law in a variety of contexts and circumstances.

The article Legal Status of Marine Scientific Research in the Law of the Sea by Professor Lee Chang-Wee examines the Law of the Sea rules applicable to marine scientific research and the conflicts over these rules, most prominently between China and the United States, for a dynamic view of these much-contested rules. Marine research is a leading example of an activity rife with both opportunities (scientific and economic) and risk (security and military), and state behaviors surrounding the international law in this area demonstrate the high stakes of deciding how international law will manage the risks.

The Meaning of “Service” as One of the Requirements for Recognition and Enforcement of Foreign Judgments by Judge Kim Young-Seok looks at service of process in international litigation. Litigation across borders, along with the recognition and enforcement thereof, is a vital means of managing cross-border risks, while service of process allows individuals to be notified of and respond to the legal risk that such litigation raises in turn. Judge Kim gives a thoughtful and nuanced exploration of a landmark decision by the Korean Supreme Court in this field, in the process making the crucial distinction between legality of the service of process itself under domestic law (Korean law, in this case) and its being a requirement for recognition and enforcement.

Judge You Jung Hwa’s article, Private International Law Issues in Joint Venture Agreements and Shareholders’ Agreements Governed by Korean Law, takes a look at the sometimes tangled issues that arise in the interface between different jurisdictions, and proposes several strategies for the advance separation of contract and corporate legal aspects to manage disputes that may arise out of joint venture agreements.

Attorney Han Mino’s article, Revisiting Optional Arbitration Clauses Before the Korean Courts, critiques a major Korean Supreme Court judgment that deemed optional arbitration clauses ineffective unless both parties consent. Attorney Han then goes on to argue that courts should take a more pro-arbitration stance to resolve practical confu- sion over the validity of these clauses. Expanding the effectiveness of optional arbitration clauses would certainly change the calculus of dispute and legal risk management, and it remains to be seen if the Korean courts will listen to these calls.

Dr. Chung Min Jung opens the Special Reports section with a breakdown of the Constitutional Court’s 2020 decision on renuncia- tion of nationality by Koreans who hold multiple nationalities. The balance between individual rights and the need

목차

EDITORIAL NOTE
LEE Jee-Hyung


ARTICLES
LEE Chang-Wee
Legal Status of Marine Scientific Research in the Law of the Sea: Conflicts over Codification and Policy-Oriented Jurisprudence as a Solution

KIM Young-Seok
The Meaning of “Service” as One of the Requirements for Recognition and Enforcement of Foreign Judgments －Focusing on the Supreme Court of Korea 2017-Da-257746 Judgment－

YOU Jung Hwa
Private International Law Issues in Joint Venture Agreements and Shareholders' Agreements Governed by Korean Law

HAN Mino, YOO Eun Kyung (Jennifer)
Revisiting Optional Arbitration Clauses Before the Korean Courts


SPECIAL REPORTS
CHUNG Min Jung
The Constitutional Court's Decision and Recent Legislation Related to Relief for Elapsing the Period of Renunciation of Nationality by Multiple Nationality Holders

LEE Jang-Hie
The Inter-Korea Basic Agreement of 1991 - Its legal nature and its role in the promotion of peace on the Korean Peninsula

LEE Gyooho
Industrial Security Laws in the Republic of Law: Comparison with their Japanese Counterparts

HONG Sungkee
Normalization of Korea-Japan Relations in the Yoon Suk-Yeol Administration: The Comfort Women Agreement and Judicial Decisions on Compensation for Forced Labor

DOH See-Hwan
International Legal Review of the Invasion of Dokdo and the Korea-Japan Treaty in 1905 resumed by the San Francisco Peace Treaty in 1951


RECENT DEVELOPMENTS
LEE Seok-Yong
Military Activities in Other States’ Exclusive Economic Zones

CHUNG Min Jung
Resolutions Relating to International Law Adopted by the 21st National Assembly in 2022

WON Jae-Chun
ICSID Arbitration Tribunal Award on Lone Star Holdings v. Republic of Korea and Its ISDS Implications


CONTEMPORARY PRACTICE AND JUDICIAL DECISIONS
HONG Eungi
Judicial Decisions in Public International Law (2022)

LEE Jee-Hyung·PARK Hyeon-Seok
QUARANTINE ACT

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

LEE Jee-Hyung·PARK Hyeon-Seok
SPACE DEVELOPMENT PROMOTION ACT

JANG Jiyong
Judicial Decisions in Private International Law (2022)


Treaties/Agreements Concluded by the Republic of Korea

INDEX


AUTHOR GUIDELINES AND STYLE SHEET

작가정보

저자(글) LEE Gyooho

Editor-in-Chief

LEE Gyooho, Chung-Ang University

저자(글) LEE Seok-Yong

Editorial Board

LEE Seok-Yong, Hannam University

저자(글) PARK Hyun-Seok

Editorial Board

PARK Hyun-Seok, Hongik University

저자(글) PARK Young-Kil

Editorial Board

PARK Young-Kil, Korea Maritime Institute

저자(글) SUNG Jae Ho

Editorial Board

SUNG Jae Ho, Sungkyunkwan University

저자(글) Won Jae-Chun

Editorial Board

Won Jae-Chun, Handong Global University