• Strategy21
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• s.38
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• pp.163-192
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• 2015

This study is intended for the Maritime Boundaries(Baseline) of the Unified Korea. According to the international law, North-Korea is recognized as a nation. Then with unification, the state succession will be a very important issue. Thus we should seek for the expected problems and counter-measures, by analyzing of the State-succession. There is a conflict of the positive or negative reaction about the state succession. However, in general, 'the principle of continuity' has been applied for at the national border treaty, regardless of the type of State succession. This can be found on Article 11 & 12 of the 「1978 Vienna Convention on Succession of States in Respect of Treaties」, Article 62, paragraph 2 of the 「1969 Vienna Convention on the Law of Treaties」, and a series of international case law. Currently it is being understood as customary international law. In summary, although South and North Korea, China, Russia and Japan are not the parties of 「1978 Vienna Convention」, the unified Korea will necessarily have a duty to succeed national boundaries(also, maritime baseline) of North Korea. Specifically, we have an objective and rigorous review of the treaty of maritime baseline that is signed between North Korea and neighboring countries, such as 「National Border Treaty Regime between North Korea and China」 and 「Treaty between the Union of Soviet Socialist Republics and the Democratic people's Republic of Korea on the Demarcation of the Soviet-Korea National Border」. Also, we analyzed 'Historical Bays' and 'Straight Baseline' system. By this, we are able to occupy a favorable position when renegotiating with neighboring countries, at the point of unification.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.201-216
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• 2018

After the adoption of the Lisbon Treaty, the European Union's Common Commercial Policy now belongs to the exclusive competence area of the EU, including the foreign direct investment (FDI) policy. Regarding the bilateral investment protection treaties (BITs) between the EU Member States, the European Commission is of the view that such BITs should be discarded. On March 6, 2018, the Court of Justice of the European Union (CJEU) held in the Achmea BV v. Slovakia case that a BIT between the EU Member States, as well as arbitral awards based on that BIT, is not subject to request for preliminary rulings under the Treaty on the Functioning of the European Union (TFEU), and thus they are not compatible with the EU law. However, the judgment did not silence the controversy. Instead, many people questioned the legal reasoning and the legitimacy of judgment, and therefore the problem is still ongoing.

• 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.