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Transitional Justice in North Korea

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Title: Transitional Justice
Author: Myung Jung Kim
Affiliation: Johns Hopkins University
Issue: Peace & Stability – Volume 7 Issue 1
Publisher: Yonsei University Press
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ABSTRACT

This article aims to design a possible transitional justice in North Korea. Because it is difficult to imagine transitional justice for North Korea in the current state of the nation state, the essay is based on the hypothetical setting that transitional justice will be established after the current regime loses its power and after the reunification in the form of South Korea absorbing the North, similar to the case of Germany. The article explores the different types of trials and justice systems to design one that will be optimal for North Korea.

Challenge to the Nation-State’s Sovereignty: The Influence of International and European Law in Today’s Globalized World

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Title: Challenge to the Nation-State’s Sovereignty: The Influence of International and European Law in Today’s Globalized World
Author: Cristian Talesco
Affiliation: The Hong Kong Polytechnic University
Issue: Peace & Stability – Volume 7 Issue 1
Publisher: Yonsei University Press
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ABSTRACT

This essay aims to investigate the relationship between nation-state sovereignty and law in today’s globalized world. It will do so by bringing about two specific examples: the influence of international and human rights law on national legal order in Libya and Syria and secondly, the European Union (EU) and its new legal order which prevails over the national law of the member states. The first part will be addressed by bringing about examples from Libya and Syria. In Libya, international law has prevailed in breaking the right of Khadafi to use force against civilians. On the other hand, in Syria, international law has failed to protect civilians because of the deadlock at the UN Security Council. Moreover, international law did not prevent Syria from enacting emergency laws which resulted in the arbitrary arrest or detention of people.

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 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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The Donga Ilbo Advertising Coercion and Forced Layoff Case

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Title: The Donga Ilbo Advertising Coercion and Forced Layoff Case
Author: Seongbak Jin
Affiliation: Yonsei University
Issue: Changes and Transitions – Volume 5, Issue 2
Publisher: Yonsei University Press
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This paper looks at the Donga Ilbo Advertising Coercion and Forced Layoff Case in South Korea during the years 1974-1975, focusing on the confluence of three institutions: the press, the state, and commercial forces. A look into history finds that the state, dissatisfied with the Donga Ilbo’s reporting, leveraged market forces to force it into compliance with its view of proper reporting. This represented a watershed moment in the history of press-state relations in South Korea. The highly contentious state-press relationship, observed at the time of the layoff, can still be seen today. To explore the relationship between the press, the state, and commercial forces, this paper does the following: First, theories of media are introduced to provide a basis for analysis. Second, a brief history of the Korean press leading up the Donga Ilbo case is covered followed by a detailed overview of the layoff case itself. Lastly, the paper concludes by commenting on the implications of a contentious state-press relationship and current government-media relations in South Korea.

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