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Constitutional Handbook on Korean Unification(I): Introduction Constitutional Handbook on Korean Unification(II): Political and Social Issues Constitutional Handbook on Korean Unification(III): Law Issues Constitutional Handbook on Korean Unification(IV): Economic Issues
The debate in South Korea over the government's engagement policy toward North Korea (the "sunshine" policy) did not start with Pyongyang's recent admission that it has been secretly pursuing a nuclear weapons program in violation of multiple international commitments. However, the evolution of the debate will be an important determinant of how the South Korean and broader international response to this latest North Korean challenge ultimately ends. This book provides a framework for viewing South Korean responses to this challenge, examining the South Korean debate over policies toward the North, analyzing the sources of controversy, and assessing their implications.
The aim of this project is to research the necessity of international cooperation on Korean unification in legal terms as South Korea’s Unification Policy and how issues of the Korean Peninsula have been dealt with in the international framework. Since this is the second year of a five-year project, the conceptual aspect requires clarification in the overall aspect and this requires a multidisciplinary approach. But the main focus remains the legal aspect, international law, in particular. This study assumes that unification will be a gradual process, generally in three stages: (1) inter-Korean cooperation, (2) negotiation for inter-Korean unification (be it North Korea’s collapse, or actual inter-Korean negotiation for unification, this stage includes any inter-Korean negotiation for unification and international negotiation formula, such as Six Party Talks, etc.), and (3) post-unification integration. The study begins with the understanding that South Korea needs to be prepared for legal matters potentially arising in these processes. The project this year, in particular, deals with the legal issues that should be dealt with in the first and second stages. The scope of the papers in this project covers four main areas. The first is time span. The research for this project covers the 19th century to the present and draws future-oriented implications, but the main focus is on current issues. The second is in regard to approaches. The study deals with three main approaches: historical, political, and legal, but for purposes of this project, the main focus is on the legal aspect. The third concerns the issues addressed. These are the nuclear issue, the military issue, inter-Korean cooperation issues, and the human rights issue. Finally, the scope of actors considered includes South and North Korea, neighboring countries (the U.S., China, Japan, and Russia), and international organizations (e.g., UN, WFP, WHO, etc.). The papers included here are organized into three main sections. The first concerns the meaning of Korean unification and the context of international cooperation. Park Jong-Chul provides a general overview of the Park Geun-Hye administration’s North Korea and unification policy, referred to as “Trustpolitik,” and the trust-building process on the Korean Peninsula, as well as the need for international cooperation. Sue Mi Terry examines the U.S. and China’s perspective on the issues laid out above. She explores areas where U.S.-China interests converge and diverge and whether strategic cooperation and coordination between the two nations are possible in the case of Korean unification. The second section presents historical and legal perspectives related to the situation on the Korean peninsula. Charles K. Armstrong’s work on the historical perspective is divided into three sections chronologically: (1) the struggle of 19th Century Korea to become a modern sovereign state and its failure with the advent of colonial rule, (2) war leading to the division of the Korean Peninsula, and (3) the inter-Korean situation based on de facto recognition (as opposed to de jure) as a political entity arising out of the 1972 Joint Communiqué and the “special relationship” from then on. Next, Roh Jeong-Ho provides a legal approach to the question of inter-Korean relations and the debate on unification by dividing the period from 1876 to the present day into five distinct periods and examining the limitations to the legal order and the evolution of world order as they pertain to Korea. Finally, Leon V. Sigal discusses how international law and institutions might improve South Korean security and facilitate inter-Korean reconciliation with special attention to confidence-building in the West Sea. The third section examines in greater detail the legal aspects of Inter-Korean Cooperation and human rights. Regarding human rights, it is important to consider the link between inter-Korean cooperation and human rights. The improvement of human rights and people’s livelihood in North Korea, which is part of the ultimate goal of unification, can be achieved by inter-Korean cooperation. Inter-Korean cooperation leads to inducing change in North Korea, which then logically leads to the improvement of human rights in North Korea. Lee Hyo-Won focuses on the legal matters regarding the establishment of a DMZ World Peace Park. Soung Jea-Hyen looks at the legal matters regarding the internationalization of the Gaeseong Industrial Complex. Cho Jung-Hyun provides an analysis of the contents and legal implications of the recent outcome of the UN Commission of Inquiry (COI) on Human Rights in the DPRK, such as the meaning of stating “crimes against humanity,” the notion of Responsibility to Protect (R2P) in respect to North Korea, and transitional justice in the possible post-unification stage. Finally, David Hawk tracks North Korean human rights developments in the post-COI period. Preface/ Jong-Chul Park and Jeong-Ho Roh I. The Meaning of Korean Unification in the Context of International Cooperation South Korea’s TrustPolitik and International Cooperation.....1 South Korea’s TrustPolitik and International Cooperation/ Jong-Chul Park.....3 U.S.-China Rivalry and the Unification of the Korean Peninsula/ Sue Mi Terry.....31 II. The Situation on the Korean Peninsula: Historical and Legal Perspectives .....59 An Unfinished Project: Challenges and Struggles of Korea to Become a Modern Sovereign Nation-State/ Charles K. Armstrong.....61 The Limits of Legal Order in an Evolving World Order on the Korean Peninsula/ Jeong-Ho Roh.....89 Legal Approaches to Korean Security in the Early Stages of Unification: The Armistice Agreement and the NLL/ Leon V. Sigal.....119 III. Legal Aspects of Inter-Korean Cooperation and Human Rights.....145 Legal Perspective and International Cooperation on World Peace Park in DMZ between South and North Korea / Hyo-Won Lee.....147 Plan for the Internationalization of the Kaesong Industrial Region and the Resolution of Its Commercial Disputes/ Jea-Hyen Soung.....169 The Report of the UN Commission of Inquiry (COI) on North Korean Human Rights: Some International Legal Analyses/ Jung-Hyun Cho.....195 North Korea’s Response to the UN Commission of Inquiry (COI) Report on the Situation of Human Rights in the Democratic People’s Republic of Korea/ David Hawk.....213 Contributors.....251
Over the past fifteen years, South Korea has transformed itself from an authoritarian government into a new democracy with a vibrant capitalist economy. Modernization, democratization, and globalization have played important roles in this transformation, and have greatly influenced the programs and policies of Korea's Sixth Republic. Covering developments through the 2003 elections, this book shows how the South Korean government and society have been shaped not only by the dynamics of these forces, but also by their interaction with the cultural norms of a post-Confucian society. The author provides a conceptual framework and baseline for examining political developments in Korea, and offers an analysis of the factors that are transforming Korean institutions, society, and politics. He discusses the forces shaping Korea's political economy and the performance of successive ROK governments, and also highlights the challenges faced by the newly elected administration of Roh Moo Huan, the North Korean issue, and more.
Persusasion is better than force. This central belief behind late South Korean President Kim Dae-jung s unprecedented policy of engagement with North Korea became a key that promised to unlock half a century of conflict and provocation between North and South Korea. Kim s Sunshine Policy argued that encouraging North Korea to come out of isolation and end confrontation was better than trying to force it to change and it came to define a generation in South Korean politics, allowing millions to dare to believe that half a century of war could be brought to an end. Now this new book by Chung-in Moon, a Yonsei University professor and former South Korean government adviser, presents a definitive analysis of how Kim developed and implemented his revolutionary policy, the challenges it faced and the mistake that Lee Myung-bak s government has made in abandoning it. Moon was a first-hand witness to the events of the Kim years, assisting in drafting the Sunshine Policy, attending the historic inter- Korean Summits in 2000 and 2007 that were fruits of its labors, and chronicling the public, political and global support for the policy. -- from http://www.amazon.com (May 5, 2014).
From all corners of the world, both inside cities and in the remote countryside, the cry for "just peace" rings out loud and strong. But, as many will note in this book, the cry for just peace isn't enough, for just peace requires active faith, working hands, and willing hearts.Gathered in this volume are essays written from a wide variety of perspectives, religious traditions, nationalities, and ages (from a sixteen-year-old high school student to an eighty-four-year-old senior professor) that seek to offer insight toward answering one question: How are "just peacemaking," faith formation, and discipleship connected within a twenty-first-century context?
Against the backdrop of China’s mounting influence and North Korea’s growing nuclear capability and expanding missile arsenal, South Korea faces a set of strategic choices that will shape its economic prospects and national security. In South Korea at the Crossroads, Scott A. Snyder examines the trajectory of fifty years of South Korean foreign policy and offers predictions—and a prescription—for the future. Pairing a historical perspective with a shrewd understanding of today’s political landscape, Snyder contends that South Korea’s best strategy remains investing in a robust alliance with the United States. Snyder begins with South Korea’s effort in the 1960s to offset the risk of abandonment by the United States during the Vietnam War and the subsequent crisis in the alliance during the 1970s. A series of shifts in South Korean foreign relations followed: the “Nordpolitik” engagement with the Soviet Union and China at the end of the Cold War; Kim Dae Jung’s “Sunshine Policy,” designed to bring North Korea into the international community; “trustpolitik,” which sought to foster diplomacy with North Korea and Japan; and changes in South Korea’s relationship with the United States. Despite its rise as a leader in international financial, development, and climate-change forums, South Korea will likely still require the commitment of the United States to guarantee its security. Although China is a tempting option, Snyder argues that only the United States is both credible and capable in this role. South Korea remains vulnerable relative to other regional powers in northeast Asia despite its rising profile as a middle power, and it must balance the contradiction of desirable autonomy and necessary alliance.
A fresh historical and theoretical exploration of the much-debated, but still elusive, question of the Korean divide. In contrast to much of the literature on the divide, which deals with state-building on the two sides of the Demilitarized Zone, this book sheds light on the slow, but steady process of homogenization between the two estranged peoples, as accelerated after the end of the Cold War and especially after the inauguration of President Kim Dae-jung in 1998. Providing immense empirical detail as well as theoretical debate on the ideas in policy shaping in South Korea, the book presents a rich ‘history of enemies’ and covers issues including: an overview of the structural shift and the rise and fall of identity groups in South Korea history of 'enemy-making' and 'peace-building' North Korea's external relations with the US, Japan and Europe Hyundai's groundbreaking, cross-border tourism and other economic cooperation projects the lingering nuclear weapons crises. By focusing on the question of identities, the book presents a new approach on one of the most important legacies of the Cold War and threat to peace in the contemporary world: the divided Korean peninsula. As such it fills a major gap in the literature, utilizing new theoretical and empirical frameworks to deal with the Korean division and its future implications in East Asia.
This volume explores the possibility of North Korea's'soft-landing' as the most desirable outcome on the Korean Peninsula. The collection of essays by noted students of Asian security examines the perspectives and interests of North and South Korea, the United States, China, Russia and Japan regarding North Korea's future, including the possibility of its neutrality.
This book is an English translation of the authoritative autobiography by the late South Korean President Kim Dae-jung. The 2000 Nobel Peace Prize winner, often called the Asian Nelson Mandela, is best known for his tolerant and innovative “Sunshine Policy” towards North Korea. Written in the five years between the end of his presidency and his death in 2009, this book offers a poignant first-hand account of Korea’s turbulent modern history. It spans the pivotal time span between the Japanese colonial period (1910-1945) and reconciliation in the Korean Peninsula (2000-2009). In between are insightful insider descriptions of everything from wars and dictatorships to the hopeful period of economic recovery, blooming democracy, peace, and reconciliation. Conscience in Action serves as an intimate record of the Korean people’s persistent and heroic struggle for democracy and peace. It is also an inspiring story of an extraordinary individual whose formidable perseverance and selfless dedication to the values he believed in led him to triumph despite more than four decades of extreme persecution.