The Peace Treaty as a U.S. Doctrinal Option and Its Application to the DPRK: A Historical and Analytic Review

Wars have made great contributions to the development of the U.S. Because the U.S. has often been victorious, achieving the purpose of their war, most wars ended with a surrender of the enemy or declaration of termination. The Americans concluded peace treaties only when they wanted to fundamentally restructure the regional order after the war or to realize their strategic interest from a broader, longer perspective in some parts of the world. This research is to analyze the peace treaties that the U.S. has signed so far or has mediated upon, searching for the possibility of making a U.S.-DPRK peace treaty. In light of the U.S. practice, the U.S.-DPRK Peace Treaty will not only be an agreement to officially terminate the Korean War, but shall be a “magna carta” for peace which is the ultimate concern of people in the Korean peninsula as well as in Northeast Asia. Time is ripe for the Trump-administration to accept “peaceful” co-existence instead of “hostile” co-existence

The Peace Treaty as a U.S. Doctrinal Option and Its Application to the DPRK: A Historical and Analytic Review

Wars have made great contributions to the development of the U.S. Because the U.S. has often been victorious, achieving the purpose of their war, most wars ended with a surrender of the enemy or declaration of termination. The Americans concluded peace treaties only when they wanted to fundamentally restructure the regional order after the war or to realize their strategic interest from a broader, longer perspective in some parts of the world. This research is to analyze the peace treaties that the U.S. has signed so far or has mediated upon, searching for the possibility of making a U.S.-DPRK peace treaty. In light of the U.S. practice, the U.S.-DPRK Peace Treaty will not only be an agreement to officially terminate the Korean War, but shall be a “magna carta” for peace which is the ultimate concern of people in the Korean peninsula as well as in Northeast Asia. Time is ripe for the Trump-administration to accept “peaceful” co-existence instead of “hostile” co-existence

Development of North Korea\u27s Legal Regime Governing Foreign Business Cooperation: A Revisit under the New Socialist Constitution of 1998

A primary purpose of this article is to examine the formation of North Korea\u27s legal regime governing foreign business cooperation and its evolution in the post-Kim Il Sung era. Since initiating its open-door policy in the early 1990s, North Korea has developed the legal framework for external economic cooperation. The Law of the Democratic People\u27s Republic of Korea ( DPRK ) on Foreign Investment of 1992 and its 1999 revision has especially represented North Korea\u27s legal and policy direction towards inducing foreign capital investment, as well as establishing a legal basis for the following laws and regulations in this field. The main focus of this research is on the Foreign Investment Law and its relevant legislation, including the Equity Joint Venture Law, the Contractual Joint Venture Law and the Foreign Enterprises Law. The Law of the DPRK on Joint Venture of 1984, which is the original model of lawmaking in external economic cooperation, will be also examined. A constitutional perspective, meanwhile, is maintained throughout the article. In conclusion, the future of North Korean foreign business laws and their implications in inter- Korean economic cooperation will be discussed

Human Rights Protection of North Koreans in a Third Country: A Legal Approach

A primary purpose of writing this article is to investigate the situation of North Korean escapees in a third country including China, Russia or other countries and to search for international legal measures protecting their human rights. Since the mid-1990s, many North Koreans have escaped from either their country or from working places in another country, not to return to North Korea for political and economic reasons. Their defections have been accelerated by the severe food crisis and human rights abuses plaguing North Korea. As the number of the escapees has grown, their status has become a hot issue among the states concerned. It finally became a critical point at issue in international society with the forcible repatriation of seven North Korean escapees in January 2000. In order not to hand over these seven people and to protect their human rights, every possible international legal measure was taken at that time. Notwithstanding they should come back to North Korea. This question was a trigger of the discussion of human rights protection of North Korean escapees in a third country. The major tools of this study will be the 1951 Convention relating to the Status of Refugees and other relevant legal measures. Diplomatic considerations should be also taken on these legal grounds. This paper mainly consists of three parts. The first part goes over the definition of escapees and refugees under international law. The main concerns of this part are two: who the North Korean escapees are and where they are located. The second part analyzes the legal status of North Korean escapees. The measures of their human rights protection will be checked under the 1951 Convention and other relevant legal measures. The third part will be devoted to searching for the diplomatic considerations over the issue on the legal grounds. For a final resolution, the paper will look at international cooperation of governments and NGOs

Going it alone? North Korea’s adaptability as a small power in a changing world

This article uses small states scholarship to map North Korea’s evolution from a post-colonial small state to a system-influencing state due to its nuclear weapons programme. The framework allows for contributions to: (1) The DPRK literature which in some parts has suggested the future collapse of the state, (2) The small states literature that suggests they can only survive if they integrate larger political and/or economic units, (3) The mainstream IR literature and its dominant realist streak that considers great powers and their will as the main drivers in contemporary world politics

Retrospective evaluation of whole exome and genome mutation calls in 746 cancer samples

Funder: NCI U24CA211006Abstract: The Cancer Genome Atlas (TCGA) and International Cancer Genome Consortium (ICGC) curated consensus somatic mutation calls using whole exome sequencing (WES) and whole genome sequencing (WGS), respectively. Here, as part of the ICGC/TCGA Pan-Cancer Analysis of Whole Genomes (PCAWG) Consortium, which aggregated whole genome sequencing data from 2,658 cancers across 38 tumour types, we compare WES and WGS side-by-side from 746 TCGA samples, finding that ~80% of mutations overlap in covered exonic regions. We estimate that low variant allele fraction (VAF < 15%) and clonal heterogeneity contribute up to 68% of private WGS mutations and 71% of private WES mutations. We observe that ~30% of private WGS mutations trace to mutations identified by a single variant caller in WES consensus efforts. WGS captures both ~50% more variation in exonic regions and un-observed mutations in loci with variable GC-content. Together, our analysis highlights technological divergences between two reproducible somatic variant detection efforts

The Special Economic Zones and North Korean Economic Reformation with a Viewpoint of International Law

This Article is composed of three Parts. Part I reviews the establishment of the SEZs in North Korea. This Part will introduce four SEZs currently in action and the grand scheme of the Tumen River Area Development Project. The backgrounds, purposes, and roles of the SEZs will also be addressed in this part. Part II deals with the legal instruments of North Korea involved in the economic reformation in these zones. This Part will systematically analyze the laws and regulations relating to inducing foreign investment in SEZs. Part III investigates protection against political risks in the SEZs, which is one of the critical issues in international economic relations. In the case of North Korea, which is currently undergoing the political disturbance of the nuclear standoff, foreign investors are likely very concerned with protection of their investments in North Korea. After searching for the international legal principles and methods for the protection against political risks, this Part will explore actual laws and regulations of North Korea available to guarantee the legal rights and interests of foreign investors. A few provisional agreements between North Korea and South Korea will be discussed in the final Part

Legal Analysis of the 2006 U.N. Security Council Resolutions Against North Korea\u27s WMD Development

In Part I, the author will clarify the facts regarding the evolution of the incidents and the adoption of the resultant resolutions. In Part II, the author will analyze the legal questions regarding the two resolutions. Part II will first examine the legality of the missile launch on the basis of Security Council Resolution 1540, customary international law and the Chicago Convention on International Civil Aviation. Second, Part II will examine Resolution 1695\u27s terminology by comparing it to previous resolutions. Third, it will discuss the sanctions based on national legal authorities and legislations. Fourth, Part II will examine international law regarding nuclear weapons control. Part III investigates the legally binding force of the two resolutions. Resolution 1695 does not refer to Chapter VII of the United Nations Charter (the Charter ) in its main text, indicating that the Security Council may not take any collective security measures toward North Korea. The legally binding force of the resolution has been controversial since its drafting. That question will be discussed here. Resolution 1718 authorized the Security Council to enact non-military sanctions under Article 41 of the Charter. Resolution 1718 also prevents U.N. Member States from providing any arms or technology related to ballistic missiles or WMD. Furthermore, the United States demanded that U.N. Member States take part in cargo inspection to and from North Korea. The final section will be devoted to analyzing the cargo inspection with respect to the law of the sea

The Peace Treaty as a U.S. Doctrinal Option and Its Application to the DPRK: A Historical and Analytic Review

Wars have made great contributions to the development of the U.S. Because the U.S. has often been victorious, achieving the purpose of their war, most wars ended with a surrender of the enemy or declaration of termination. The Americans concluded peace treaties only when they wanted to fundamentally restructure the regional order after the war or to realize their strategic interest from a broader, longer perspective in some parts of the world. This research is to analyze the peace treaties that the U.S. has signed so far or has mediated upon, searching for the possibility of making a U.S.-DPRK peace treaty. In light of the U.S. practice, the U.S.-DPRK Peace Treaty will not only be an agreement to officially terminate the Korean War, but shall be a “magna carta” for peace which is the ultimate concern of people in the Korean peninsula as well as in Northeast Asia. Time is ripe for the Trump-administration to accept “peaceful” co-existence instead of “hostile” co-existence