• Journal of Legislation Research
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• no.53
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• pp.9-59
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• 2017

Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

• Journal of Aerospace System Engineering
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• v.8 no.4
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• pp.44-51
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• 2014

This thesis analyzes the latest operating concept and status for Air Defense Identification Zone (ADIZ) researching overseas ADIZ CONOPS, international legal basis for ADIZ, the intention & background of proclamation for China Air Defense Identification Zone(CADIZ). Firstly, ADIZ is lawful concerning international connivance for ADIZ where around 20 countries have operated, Article 56 "Rights, jurisdiction & duties of the coastal State" and Article 301 "Peaceful uses of the seas" on the United Nations Convention on the Law of the Sea(UNCLS). Secondly, ADIZ has been regarded as a support means for national interest & policy as well as military air defense one. Thirdly, Based on legal re-interpretation for UNCLS relating to ADIZ, China proclaimed CADIZ where can ensure national maritime policy and strategy including A2/AD(Anti-Access & Area Defence), inroad into the ocean, claim for Senkaku Islands possession, etc..

• Journal of Climate Change Research
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• v.9 no.4
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• pp.471-485
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• 2018

The Republic of Korea (ROK) has made many efforts to reduce greenhouse gases through a legal framework, making obligations to reach domestic and overseas targets via the Paris Convention in 2015. China recently launched a nation-wide emission trading system (ETS) and has considered extending this ETS to include the ROK. This study examines the possibility of linking the ETS between ROK and China by considering the institutional design elements of the ETS. Additionally, this study provides policy implications to reach Korea's overseas reduction target. For the research methodology, the design elements of both the ROK and China policies were analyzed by categorizing their standard design elements based on the International Carbon Action Partnership. This paper focuses on four main barriers (cap type, borrowing, offset and price ceiling) based on their environmental benefits and analyzes the challenges to combining the design elements between the ROK and China systems. The two ETS commonly share the same cap types, and there is similar institutional progress regarding the offset and price ceiling. In addition to this, note that China has a borrowing system that is opposite to the borrowing system in ROK. According to these findings, there are major challenges to linking the ROK and China systems due to differences in the major design elements. Thus, it is necessary to modify the Korean domestic borrowing system and understand the Chinese institutional processes related to environmental negotiation to achieve further cooperation.

• Journal of Arbitration Studies
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• v.25 no.2
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• pp.49-70
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• 2015

There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

• Journal of Navigation and Port Research
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• v.36 no.4
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• pp.299-303
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• 2012

"United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea" was passed in July 3, 2008. on September 23, 2009 signing ceremony was held in Rotterdam. The system of maritime performing party is a special system in the transport convention, and constitutes an integral part of the Convention. Maritime performing party system is not the first system which brings in the carrier's independent contractor, but it is the most comprehensive and thorough one. It unified the duty of carrier's independent contractor in the maritime segment, and it is also an important progress in the developing process of international maritime legal system. There are some differences between the maritime performing party and China's current related system, i.e, the port maritime performing party and the intermediate performing party are included in the maritime performing party, and they can enjoy the carrier's exception clause and limitation of liability.

• Korean Journal of Environment and Ecology
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• v.29 no.3
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• pp.474-484
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• 2015

This study aims at providing exercisable basic data for the management of protection areas in China by investigating into their legal system such as current laws, regulations, other relevant laws and international treaties and the management system such as history, classification, organization, personnel, funds and main management work.. In People's Republic of China (1954), several laws have been enacted in succession, such as Environment Law (1989), Regulations of Natural Reserves (1994) and Land Management Methods of Natural Reserves (1995). The development process of China's natural reserves is divided into the following five phases. In the initial phase (1956-1965), about 20 natural reserves were established; in the lag phase (1966-1978), a part of the natural reserves was destroyed under the influence of the Great Cultural Revolution; in the development phase (1979-1998), a normative legal system began to appear after the reform and opening up; in the leap phase (1999-2006), the number of natural reserves increased dramatically; in the stable phase ( 2007-present), the protection and restoration of the ecological environment have been implemented, and the supervision and management have been strengthened. China has established natural reserves of national, provincial, municipal and county levels according to the relevant laws. According to the resource categories, natural reserves can be divided into natural ecosystem reserves, wildlife reserves and natural relic reserves. The Ministry of Forestry is in charge of 1,958 natural reserves which account for 74.2 % of the total natural reserves in China. In China, there are 1,384 natural reserves (52.4 %) for which management institutions have been set up. 1,702 natural reserves (64.47 %) are equipped with management staff, showing a higher ratio than the natural reserves which have set up management institutions. China has established natural reserves of national level, provincial level, municipal level and county level according to law. According to the resource categories, natural reserves can be divided into natural ecosystem reserves, wildlife reserves, and natural relic reserves. The Ministry of Forestry is in charge of 1,958 natural reserves which accounts for 74.2 % of the total natural reserves in China. In China, there are 1,384 natural reserves (52.4 %) which have set up management institutions. 1,702 natural reserves (64.47 %) are equipped with management staff with a higher ratio than the natural reserves which have set up management institutions.

• International Commerce and Information Review
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• v.11 no.4
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• pp.47-73
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• 2009

Electronic Commerce has become the leading method of business in many countries. And related laws are being established and is operating in Korea and China. In this circumstance, Korea's electronic signature law was enacted on February 5, 1999, and has been applied from July 1, 1999. But China's electronic signature law was enacted on August 28, 2004, and has been formally applied from April 1, 2005. This paper is to drive problems of the electronic signature system and law and to show the whole point to be considered in enterprise and the present status of internal and external service under the basis of electronic trade. The purpose of this study aims to present a comparative analysis on the Korean and Chinese electronic signature system and law. In addition to, another point of this paper is suggestions for improvement of legal problem.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.69-90
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• 2020

The arbitration system has many advantages, including resilience, speed, ease of approval, and enforcement of foreign arbitration in international disputes, and it plays an important role in today's international business. As the world's economic activities increase, China's trade disputes are intensifying. In 2017, China emphasized the international cooperation and commercial expansion of foreign investment at "One Belt, One Road." Therefore, it is expected that international business will become more active, with the issue of how to recognize and enforce the foreign arbitration awards in China becoming highly important. In addition, South Korea and China maintained deep trade relations after establishing diplomatic relations in 1992 and concluding the Korea-China Free Trade Agreement, which will inevitably increase trade disputes. As far as South Korea is concerned, China is South Korea's largest trading partner, so it is important for South Korea to analyze how foreign arbitration awards are recognized and enforced in China. China's accession to the New York Convention in 1987 was the beginning of the enforcement of foreign arbitrators. However, since China has begun to recognize and enforce foreign arbitrators relatively late, there are many problems in terms of recognizing and enforcing foreign arbitral awards in China. This study introduces the concept and scope of foreign arbitral awards, as well as the legal basis and procedures for recognizing and enforcing foreign arbitral awards, and examines relevant cases and the denial of recognition and enforcement of a foreign arbitration award. In the end, some issues and remedies for the recognition and enforcement of the foreign arbitral awards system in China were concluded.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.45-65
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• 2009

China and Taiwan had opened complete Three Linkages era December 2008, in the 59 years. The improvement of two countries' relationship is expecting to spur two countries more on the economy exchange. However the increasement of investment and trade between two countries will increase disputes to ratio. In order to settle the disputes related to economy between two countries, the most favorite way is to use arbitral system which involve less public power. After China and Taiwan recognized this point, they announced provisions which allow to solve controversies through the arbitration between parties of two countries since 1980, and prepared legal basis for dispute settlement between two countries. However, because China and Taiwan do not authorize each party as a country, the execution application made by each party based on New York Convention related to foreign arbitral awards cannot be approved. Because of these kind of reasons China and Taiwan should agree in order to guarantee mutual execution of arbitral awards which is an ultimate purpose of arbitration. However because of the political situation of two countries there are provisions related to execution for arbitral awards decided by each party. In this paper, I separated the provision related to mutual execution for arbitral awards of each party of China and Taiwan, examined exposed problems, and suggested ways to improve. It can support some of assistance and implication to establish basis of arbitral system between South Korea and North Korea and to suggest direction to derive through this kind of study.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.67-91
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• 2016

In an era where the international investment and trade between Korea and China grow daily, the importance of international arbitration cannot be overstated. The Korean Arbitration Law was enacted with reference to the UNCITRAL Model Law. When the Chinese Arbitration Law was being enacted, the UNCITRAL Model Law was also referred to, but there are some discrepancies between the two. This article conducts comparative analysis based on the Korean and the Chinese Arbitration Laws, the Chinese Civil Procedure Law and the KCAB and the CIETAC arbitration rules. In order to adopt the UNCITRAL Model Law amended in 2006, Korea revised its Arbitration Law in 2016. The revised Law includes a more comprehensive legal regime regarding interim measures, emergency arbitrator, etc. In China, the enforcement of foreign-related arbitral awards and foreign arbitral awards is carried out mainly by intermediate people's courts. In China, the report system to the higher people's court for refusing the enforcement of foreign-related arbitral awards and for refusing the recognition or enforcement of foreign arbitral awards has the effect of safeguarding foreign-related arbitral awards and foreign arbitral awards in China. Both Korea and China joined the New York Convention, and domestic courts may refuse the recognition and enforcement of foreign arbitral awards according to the New York Convention.