18,406 research outputs found

    Politics of Race in East Asia: The Case of Korea and the Chinese community in South Korea

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    The influx of Chinese into Korea has a long history. The earlier migrants were rapidly absorbed into mainstream Korean society and quickly assimilated. However, the Chinese migrants who arrived in the late 19th and early 20th centuries, the huaqiao, chose to maintain their separate, non-Korean identity. This later led to open discrimination towards the huaqiao in post-independence Korea. The adoption of modern nationalism and racial theories in Korea also facilitated the disenfranchisement of the huaqiao, whose loyalty to the Korean national state was suspected and whose economic and social rights were appropriated. The recent revival of Chinese power has led to the mellowing of Korean attitudes towards China and the Chinese. The left-aligned political parties in Korea are especially in favour of cultivating closer ties with China. The composition of the Chinese community in Korea has also been altered by the influx of new migrants from mainland China. This has led to the renaissance of the once moribund Chinese communities in Incheon and Busan, both of which now boast sizable Chinatowns. Yet the huaqiao still face problems with integrating fully into Korean society and being openly huaqiao can still lead to unwelcome attention and prejudice from native Koreans. The integration of the Chinese community in Korea remains a challenge for Korea that still holds firmly to the old nationalist ideology of the 20th century

    The Inter-Korean Conflict Over the Northern Limit Line: Applying the Theory of Historical Consolidation

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    Regardless of its uncertain legal status, it is the legal reality that the Northern Limit Line (“NLL”) has served as a de facto maritime demarcation line in the Yellow/West Sea in the absence of a peace treaty for the Korean Peninsula. Aside from its legal definition, however, the core of the NLL conflict is whether it has been historically consolidated as a valid legal system that may be enforceable against all States, and whether South Korea has historic title over the waters lying south of the NLL. In order to find an answer, it is important to determine whether there was either recognition or acquiescence on North Korea’s part during the formative period. Judging from international legal practices and jurisprudence, has South Korea’s claim of historic title consolidated? The answer is yes for the following reasons. First, South Korea has continually exercised its sovereign authorities before and after North Korea’s first-ever has continually exercised its sovereign authorities before and after North Korea’s first-ever protest in 1973, though the absence of relevant domestic legislation is still pointed out. Secondly, South Korea sufficiently manifested its sovereignty around the vicinity for two decades. Given the particular circumstances of the Peninsula, the two-decade period seems legally sufficient for the purpose of historical consolidation. Given the fact that North and South Korea had debated over the maritime delimitation in the course of the armistice negotiations, both must have been highly sensitive to this issue as belligerents and must have recognized its importance. Most significantly, as multiple historic instances indicate, North Korea had acted in recognition of the NLL after the establishment of the armistice system. Third, South Korea fulfilled the requirements of effective occupation for the period considering North Korea’s effective acquiescence. Therefore, North Korea’s late protest violates the principle of estoppel. North Korea should have launched a protest during the time when South Korea formed its historic title through the public and notorious exercise of its governmental authorities. North Korea must have taken advantage of the stability provided by the NLL’s role as a de facto maritime demarcation line while rebuilding its naval force. For international stability, therefore, North Korea must be estopped from protesting at a later time as against South Korea’s reliance on North Korea’s silence

    Shaping and Co-Shaping Forms of Vitality in Music: Beyond Cognitivist and Emotivist Approaches to Musical Expressiveness

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    Over the last three decades, there has been an increasing number of empirical studies on how music conveys and induces emotional expressiveness, revolving around both the longstanding discourse over compositional and performance features related to recognized or felt emotions, and more recent interest in (neuro)psychological mechanisms underlying emotions induced by music. However, the question of how expressive forms of music are shaped and co-shaped within the ongoing process of music-making and music perception has received little investigation. This paper focuses on the expressive forms of music that the developmental psychologist Daniel N. Stern refers to as ‘forms of vitality’, discussing how they are (co)shaped and give rise to aesthetic experience of music. The aim is the development of a theoretical framework allowing for a new research perspective on musical expressiveness—taking into account the aesthetic experience of music—in relation to the process of (co)shaping forms of vitality in music. Further, a hypothesis for and methodologies of empirical research fitting into this theoretical framework are considered, expanding the schema beyond cognitivist and emotivist approaches to musical expressiveness

    Construction of a Dispute-Resolution Framework Under the International Judicial System for the Settlement of the Inter-Korean Conflict Over the Northern Limit Line: Operating the Advisory Proceedings of the International Court of Justice

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    To construct a dispute-resolution framework for the inter-Korean conflict over the Northern Limit Line (“NLL Conflict”) under the international judicial system, this dissertation proposes an advisory proceeding of the International Court of Justice (“ICJ”) as the most promising alternative. It has proven difficult to draw a negotiated solution to this decades-long conflict, despite each of the respective State parties involved in the NLL Conflict presenting various arguments and claims about the valid legal status of the NLL. In this context, this dissertation examines the ICJ’s contribution to the resolution of international disputes, particularly controversy over the question of laws, through its advisory jurisdiction even in the absence of any involved State’s consent. For the purpose of this project, therefore, this dissertation examines the mechanism of the ICJ jurisdictional system with an emphasis on the essential elements required to establish each type of jurisdiction in its advisory proceeding. Through an analysis of relevant advisory precedents, in which not only substantive but also procedural issues were considered, this paper concludes that an advisory proceeding initiated by a competent primary organ of the UN is the most promising alternative for a dispute-resolution framework for the NLL Conflict under the present UN-centered international judicial system. Based on a judicial guidance rendered by the ICJ, North and South Korea are expected to find a more equitable solution to the NLL Conflict through international law

    The Inter-Korean Conflict Over the Northern Limit Line: Applying the Theory of Historical Consolidation

    Get PDF
    Regardless of its uncertain legal status, it is the legal reality that the Northern Limit Line (“NLL”) has served as a de facto maritime demarcation line in the Yellow/West Sea in the absence of a peace treaty for the Korean Peninsula. Aside from its legal definition, however, the core of the NLL conflict is whether it has been historically consolidated as a valid legal system that may be enforceable against all States, and whether South Korea has historic title over the waters lying south of the NLL. In order to find an answer, it is important to determine whether there was either recognition or acquiescence on North Korea’s part during the formative period. Judging from international legal practices and jurisprudence, has South Korea’s claim of historic title consolidated? The answer is yes for the following reasons. First, South Korea has continually exercised its sovereign authorities before and after North Korea’s first-ever has continually exercised its sovereign authorities before and after North Korea’s first-ever protest in 1973, though the absence of relevant domestic legislation is still pointed out. Secondly, South Korea sufficiently manifested its sovereignty around the vicinity for two decades. Given the particular circumstances of the Peninsula, the two-decade period seems legally sufficient for the purpose of historical consolidation. Given the fact that North and South Korea had debated over the maritime delimitation in the course of the armistice negotiations, both must have been highly sensitive to this issue as belligerents and must have recognized its importance. Most significantly, as multiple historic instances indicate, North Korea had acted in recognition of the NLL after the establishment of the armistice system. Third, South Korea fulfilled the requirements of effective occupation for the period considering North Korea’s effective acquiescence. Therefore, North Korea’s late protest violates the principle of estoppel. North Korea should have launched a protest during the time when South Korea formed its historic title through the public and notorious exercise of its governmental authorities. North Korea must have taken advantage of the stability provided by the NLL’s role as a de facto maritime demarcation line while rebuilding its naval force. For international stability, therefore, North Korea must be estopped from protesting at a later time as against South Korea’s reliance on North Korea’s silence

    From the Body Image to the Body Schema, From the Proximal to the Distal

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    A recent paradigm shift in music research has allowed scholars to examine the macro- and micro-processes taking place within musical performance and underlying cognitive processes. Tying in with phenomenological theories of embodied perception and cognition, this paper focuses on bodily musical activity relevant to the acquisition of instrumental musical skills – the process of learning music. Dynamic interaction with musical instruments, accompanied by the interplay of action and passion, involves body image and body schema, whose status oscillates in different phases of the acquisition of instrumental musical skills; this interaction allows humans to direct attention from their bodily states – the proximal – to the quality of musical sounds and a unity of musical experience – the distal. It is thus argued that shaping music by means of playing a musical instrument can be conceived of as an embodied process, of understanding the forms of one’s own experience as related to the musical world that is created by one’s bodily activity.Peer Reviewe
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