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Celebrated Publishers Propagate ‘Information Feudalism’

Title: Celebrated Publishers Propagate ‘Information Feudalism’Cover Page
Author: Tania Sebastian
Affiliation: Gujarat National Law University
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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As we step into yet another year, we might well be on our way towards a prediction made in the lines of information being controlled and monitored by few, coming true. This theory in the form of the prediction, when extended to the infamous lawsuit by the celebrated publishers of OUP, CUP and Taylor & Francis’s challenge to the alleged crime of a photocopier at Delhi University for unauthorized reproduction and issuance of copies of their academic publications, can yield to an unhealthy trend of few intellectual property hyper-enthusiasts advocates standing in the way of the larger picture of education dissemination to the masses. This article analyses the shortcoming of the arguments of the publishers while emphasizing on the characteristics of feudalism in such situations.

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A Study of Transitional Development in Delay in Delivery of Justice, Which Results into Declining Faith in Judiciary: Reasons and Future

Title: A Study of Transitional Development in Delay in Delivery of Justice, Which Results into Declining Faith in Judiciary: Reasons and FutureCover Page
Author: Abhishek Kumar and Vikram Singh
Affiliation: Symbiosis Law School
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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Bihar is a state attempting to deal with the hurdles of establishing the framework and processes of democratic rule. That is a gargantuan and daunting undertaking in underdeveloped struggling state of India. The focal point of this research is “access to justice for the poor people of Bihar”. And when we say “access to justice” we mean access to both the social system of justice and the state’s justice system. The study examines the ground reality of poor people who are in need of proper solutions to their problems which has to be dealt by the institutes outside their immediate family. “Access to justice” does not merely means access to the institutions, but it also means access to fair laws, procedures, affordable, implementable and appropriate remedies in terms of values that are in conformity to constitutional values and directives. Other issues affecting access are social phenomenon, lack of education and legal knowledge of people of Bihar. Through few case studies, it can be concluded that poverty and food insecurity creates an environment for social conflict and crime. Unequal distribution of land, therefore becomes a major topic for competition and social tension, which in turn has a great impact on the social framework within the rural villages and settlements as well as on the managing ability of the formal justice system. This study also reveals the possibility of the food insecurity which is putting strain on the gender and family affairs, thus making the general conditions of the society even more vulnerable. It is therefore seen that there is an ardent need for the justice to change ground realities of people otherwise they will create an extra-state institutions and remedies for their immediate needs which can result into the “gunda raj” in Bihar. The results of this study are aimed at assisting the Law Commission. We hope that the rich information gathered in this research piece and recommendations will also be of satisfactory relevance in deciding how social and state institutions could work in harmony in bringing justice to the society which is struggling for meeting its own urgent needs, causes and reasons.

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The American-Korean Friendship and Information Center and North Korean Public Diplomacy, 1971-1976

Title: The American-Korean Friendship and Information Center and North Korean Public Diplomacy, 1971-1976Cover Page
Author: Brandon K. Gauthier
Affiliation: Fordham University
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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While scholars of the “new diplomatic history” have extensively analyzed the role of culture and ideology in the history of American foreign relations, the historiography of diplomatic relations between the United States and the Democratic People’s Republic of Korea (DPRK) reflects a complete lack of understanding of the cultural, intellectual, and political narratives that have long shaped how Americans imagine North Korea in a domestic and global context. Specifically, historians have yet to consider how American attitudes about North Korea were increasingly informed by a transnational flow of ideas in the 1970s. With this understanding, this paper details the history of the American-Korean Friendship and Information Center (AKFIC) in New York City, a North Korean funded “anti-imperialist peace organization,” that sought to generate public support for the DPRK and force the withdrawal of American troops from the Korean peninsula. Utilizing interviews with former members of the group and its journal: Korea Focus, this paper makes two arguments: first, the DPRK used its close relationship with the AKFIC—alongside other “friendship societies” across the world—to harness the power of globalization for its own ends in the 1970s; second, members of the AKFIC sought to manipulate public anger over the Vietnam War and promote North Korean demands that US forces should withdraw from the Republic of Korea (ROK).

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Only Words on Paper? Freedom of Speech & Expression in South Korea

Title: Only Words on Paper? Freedom of Speech & Expression in South Korea Cover Page
Author: Geoffrey Fattig
Affiliation: University of California
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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Article 21 of the constitution of the Republic of Korea guarantees all citizens the rights to freedom of speech and expression. However, these rights have been under increasing threat in recent years due to a number of factors, including direct government interference in media operations, criminal defamation statutes, national security concerns, and regulation of internet content. During this time, the country has come under criticism in these areas from a range of international organizations and the United Nations Special Rapporteur for Human Rights. This paper will provide an overview of the media climate in South Korea along with the attempts made by various administrations to stifle dissenting viewpoints. It will utilize historical narrative to differentiate factors which are common to both sides of the political spectrum from those which are largely defined by political affiliation. This approach will allow for a broader understanding of the issues undermining freedom of expression in the country, placing them in proper historical and cultural context.The main findings of the paper are that both liberal and conservative governments have been guilty of heavy-handed measures to restrict public discussion, but that the recurrence of national security as a salient political issue has had particularly disturbing implications for both freedom of expression and Korean democracy. It concludes by examining some possible causes underpinning these issues, and offering a summary and analysis of the proposals made by the UN Special Rapporteur to improve the climate for free speech in the country.

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Transient Professionals: Local NGO Empowerment

Title: Transient Professionals: Local NGO Empowerment Cover Page
Author: Ted Voelkel
Affiliation: Graduate School of International Studies at Yonsei University
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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South Korea’s native-English-speaking hakwon (South Korea’s version of a private language school) instructor population is college-educated, well paid, and yet suffers from a lack of empowerment via a representative organization of its own creation. Of the attempts made by instructors to form such an NGO to advocate on their behalf the Association of Teachers of English in Korea (ATEK) stands out as perhaps the most ambitious, in spite of its rather short tenure and eventual collapse. Typical explanations given for that collapse can be divided among those internal, such as in fighting, and external, such as online harassment, but this paper seeks to show that such explanations remain insufficient. Using material obtained through interviews with former members, along with information gleaned from various online sources, this paper argues that a lack of official recognition of the organization by the South Korean government can be seen as the proverbial straw that broke the back of ATEK. Further, application of theoretical material presented in Bringing Transnational Relations Back in: Introduction by Thomas Risse-Kappen, regarding the way in which domestic governmental structure can either allow transnational actors access to that structure or not, will show that domestic actors such as ATEK are subject to the same sort of institutional discrimination. It is the author’s hope that the examination of ATEK’s collapse presented in this paper will constitute a useful framework to guide upstart instructor NGOs of the future, so that similar problems can be successfully avoided.

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The Practice of Duality: Why the Trans Pacific Partnership and the Regional Comprehensive Economic Partnership are Competing Paradigms in Asia

Title: The Practice of Duality: Why the Trans Pacific Partnership and the Regional Comprehensive Economic Partnership are Competing Paradigms in AsiaCover Page
Author: Dylan Stent
Affiliation: Graduate School of International Studies at Yonsei University
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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A cursory look at Asia Pacific regionalism will leave any observer bemused. Why have competing paradigms continually developed in the region? How can such diverse states cooperate? The following paper will answer the following: why do the Trans Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP) exist as competing paradigms in the Asia Pacific. It will propose that classical theories of International Relations cannot adequately answer how or why competing paradigms exist in the Asia Pacific. Instead they can only explain partial truths about their existence. Political theory has largely led to a stagnation of enlightening scholarship. Too often diametric debates are held with limited enlightening ideas being created. All too often debates on the TPP and the RCEP are framed in realist and liberal terms. Constructivism is also inadequate in explaining this phenomenon. Self-conscious norm creation preferred by such a theory seems rather superfluous in reality. Identity is no doubt important but the way constructivism proposes a creation of norms through deliberate process appears unfounded and superficial. Instead we must turn to sociology for an answer. I propose that if we go along the practice turn path we can further understand why regionalism is bifurcated in the Asia Pacific. Through a Bourdieuian exploration of the TPP and the RCEP it appears that divergent habitus is causing complementary regional building initiatives in the region.

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Brushed Past: US-CCP Relations, 1941-45

Cover PageTitle: Brushed Past: US-CCP Relations, 1941-45
Author: Jie Gao & Sean J. McLaughlin
Affiliation: Carroll University & University of Wisconsin-Whitewater
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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This article explores the controversial “lost chance theory” that CCP leader Mao Zedong genuinely wished to build a working relationship with the Roosevelt and Truman administrations, but was rebuffed by short-sighted decision makers in Washington who passed on the opportunity to cooperate with China’s future ruler. The authors note key historiographical developments and explain the major arguments both for and against the lost chance theory before advancing a post-revisionist position that its opponents have in recent years inadvertently created the false impression that there was never any real possibility that Washington and the CCP might have built a positive working relationship during the war years, while the window for CCP-US cooperation was far more ephemeral than lost chancers understood. This paper argues that Mao’s wartime expressions of his desire to work with the United States were indeed sincere through to the end of 1944, however by the spring of 1945 cooperation had become an impossibility because the Roosevelt administration badly misread Jiang Jieshi’s ability to unite the country and clung to unfounded suspicions that the CCP would serve as an obedient Soviet proxy in East Asia.

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National Security Imperatives In An Era of Environmentally-Induced Conflicts, Population Displacements, and Political Disequilibria

Cover PageTitle: National Security Imperatives In An Era of Environmentally-Induced Conflicts, Population Displacements, and Political Disequilibria
Author: Joanna K. Rozpedowski
Affiliation: University of South Florida
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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The emergence and incremental intransigence of global environmental degradation and climate change discourses into social sciences have, in recent years, provided a fecund ground for debate and analyses of wide ranging geopolitical ramifications the predicted climatic variations would present for national security and human well-being. It is commonly held that climate-induced crises, in the next two to three decades, will exacerbate already fragile relations between Sub-Saharan African, the Middle Eastern, and South and Southeast Asian states, destabilize regions, topple governments and issue in mass migrations, widespread pandemics, and food scarcity. The following study aims to closely investigate the security implications resulting from global climate change and explore the geopolitical dimension of the relationship between environmental degradation and armed conflict. In attempting to better understand the impacts the destabilizing climatic patterns may have on human and national security, the appraisal of available policy and strategic responses by governments, the military, and non-governmental actors, will be given due consideration.

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The US Drone Policy Under the Obama Administration: A Critical Appraisal

Cover PageTitle: The US Drone Policy Under the Obama Administration: A Critical Appraisal
Author: Cameron Gable
Affiliation: University of San Francisco
Issue: Law & Order – Volume 6 Issue 1
Publisher: Yonsei University Press
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The use of drones has increased exponentially under the Obama administration and now forms an integral part of the US government’s counterterrorism policy. However, the President’s extensive use of drones has been controversial and generated extensive debate and discussion in the US and abroad. This paper examines the factors that have propelled the Obama administration to use this strategy and its implications for American and international law as well as American foreign policy.

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Security through Default and Swift Declassification: Cooperation between the Intelligence Community and the crowd increases accountability, transparency, and resourcefulness

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Title: Security through Default and Swift Declassification: Cooperation between the Intelligence Community and the crowd increases accountability, transparency, and resourcefulness
Author: Dylan Coyle
Affiliation: Yonsei University
Issue: Changes & Transitions – Volume 5 Issue 2
Publisher: Yonsei University Press
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The intelligence community’s best resource is the people they are protecting. The lessons learned between from events like the September 11 World Trade Center attack to the 2013 Boston Marathon bombing are that the crowd is wise and creative enough to use the technology and intelligence available to help prevent and recover from manmade and natural crises. Slowing the flow of intelligence to the crowd endangers the lives and freedom of the people which then creates motivation for whistleblowers and leakers to acquire and distribute intelligence themselves. By declassifying most intelligences as a default, and swiftly declassifying old intelligence, the Intelligence Community can maintain critical secrets and preserve privacy while enabling the crowd to analyze and contribute to the body of intelligence to advance international security.

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