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Korean Journal of International and Comparative Law
Number of Followers: 2

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 2213-4484 - ISSN (Online) 2213-4484
Published by Brill Academic Publishers

[229 journals]

Editorial Note
- Authors: Seokwoo Lee
  First page: 145
  Abstract: Source: Volume 5, Issue 2, pp 145 - 147
  PubDate: 2017-12-11T00:00:00Z
Special Issue Introduction
- Authors: Paul Huth; Sunwoong Kim Terence Roehrig
  First page: 149
  Abstract: Source: Volume 5, Issue 2, pp 149 - 152
  PubDate: 2017-12-11T00:00:00Z
Is There a Path to Peaceful Resolution in the Dokdo/Takeshima Dispute'
- Authors: Paul Huth; Sunwoong Kim
  First page: 153
  Abstract: Source: Volume 5, Issue 2, pp 153 - 174Japan and South Korea have been locked in a territorial dispute over the islands of Dokdo/Takeshima since the end of WWII. In this essay, we analyze the reasons why the issue has been a thorny issue for such a long time in their bilateral relationship. The calculus of domestic and international benefits and costs of the top decision makers in both countries reveal that neither party is likely to change their current position in the absence of a clear legal focal point, because both will have to come up with a substantial concession in order to achieve a peaceful resolution.
  PubDate: 2017-12-11T00:00:00Z
South Korea’s Claim to Dokdo
- Authors: Hee Eun Lee
  First page: 175
  Abstract: Source: Volume 5, Issue 2, pp 175 - 195Dokdo are tiny islets located in the East Sea (Sea of Japan) that have been the source of a longstanding conflict between Korea and Japan. Japan argues that the islets, referred to as Takeshima by Japan, were terra nullius when it incorporated them in 1905 during the Russo-Japanese War. However, South Korea claims that previous Korean kingdoms had sovereignty over the islets as evidenced through numerous historical records and maps. South Korea asserts original title over Dokdo noting that Japan’s incorporation of the islets and eventual annexation of the entire Korean peninsula was illegal. This article summarizes the major points South Korea has publicly raised in asserting its claim to Dokdo noting that South Korea’s claim to Dokdo is framed from the perspective of the historical injustice of Japanese imperialism and that Dokdo was the first Korean territory taken by Japan in its expansion into Asia in the early 20th century.
  PubDate: 2017-12-11T00:00:00Z
Domestic Politics in South Korea and the Territorial Issue of Dokdo
- Authors: Hyon Joo Yoo
  First page: 196
  Abstract: Source: Volume 5, Issue 2, pp 196 - 215This paper examines why and how political leaders in South Korea are constrained by domestic politics with respect to a territorial dispute with Japan. While Korean leaders desire to employ a low-key position vis-à-vis Japan’s territorial claim, the public in South Korea increasingly demand that their leaders confront Japan more firmly. This creates a dilemma for leaders in Korea. Maintaining a calm diplomacy toward Japan infuriates the Korean public while employing a tough policy toward the neighboring state, in response to the public demand, leads the government of Tokyo into bolder provocations. This makes it difficult for South Korea to foster cooperation with Japan on various issues that are not directly related to the territorial problem.
  PubDate: 2017-12-11T00:00:00Z
Stuck Between Two Allies
- Authors: Terence Roehrig
  First page: 216
  Abstract: Source: Volume 5, Issue 2, pp 216 - 237The Asia-Pacific region is home to numerous island and maritime disputes but the Dokdo/Takeshima dispute is unique in that it involves two U.S. allies placing Washington in a uncomfortable position. U.S. policy has long been that it takes no position on sovereignty and will abide by any negotiated resolution of the dispute. Yet when tensions have flared between South Korea and Japan over the issue, there have often been calls for the United States to intervene and help solve the problem. However, any U.S. attempt to exert its leverage to reach a solution would be dangerous. Instead, Washington’s best course of action is to quietly remind both sides of their common economic and security interests while helping Seoul and Tokyo to manage the dispute in a careful and judicious manner.
  PubDate: 2017-12-11T00:00:00Z
Korean Judicial Decisions
- Authors: Buhm-Suk Baek
  First page: 239
  Abstract: Source: Volume 5, Issue 2, pp 239 - 244
  PubDate: 2017-12-11T00:00:00Z
Iljoong Kim, Hojun Lee and Ilya Somin (Eds.)
- Authors: Thomas E. Simmons
  First page: 245
  Abstract: Source: Volume 5, Issue 2, pp 245 - 250
  PubDate: 2017-12-11T00:00:00Z

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