Korean Yearbook of International Law 12(2024)

EDITORIAL NOTE





It is our great pleasure to present Volume 12 of the Korean Yearbook of International Law. We would like to express our sincere gratitude to the thirteen authors for their insightful contributions regarding the current development of international law in the Republic of Korea. This volume consists of an array of topics including but not limited to the law on cultural and national heritage, judicial decisions regarding both public and private international law, data privacy, law of the sea, artificial intelligence (AI), environmental law, Korea-Japan relations, and Korea-China Investment Treaty.
Professor Gyooho Lee's article on "The Framework Act on National Heritage and Related Laws" covers the most recent law on national heritage enacted in the Republic of Korea on May 16, 2024. The article provides a thorough discussion on the purpose of the Act, keynote provisions, and how the Act aligns with the international standard of the UNSECO system. The author emphasizes the importance of the Act, which purports to transform the cultural heritage system into a national heritage system by changing and expanding the name of cultural property by subdividing it into cultural heritage, natural heritage, and intangible heritage.
Honorable Judge Jung Hwa You provided his insight into the recent judicial decisions in private international law decided in 2024, specifically focusing on three major 2024 Supreme Court decisions in Korea related to private international law, dealing with contract law (Supreme Court decision (2019Da261558)), arbitration matters Supreme Court decision (2024Ma5904)), and insurance law (Supreme Court decision (2019Da256501)), respectively. Honorable Judge Eun Gi Hon covered three landmark decisions held in 2024, focusing on public international law, including the status of same-sex partners under the National Health Insurance system, the reduction of greenhouse gas reduction targets under environmental law, and administrative regulations regarding access to facilities for persons with disabilities.
Considering the progressively development of data protection law and extraterritoriality, Attorney Ju Eun Lee's article on "Application of Korean Data Privacy Regulations to Foreign Business Operators" examines the extraterritorial application of Korea's Personal Information Protection Act (PIPA) to foreign business operators by providing an in-depth analysis of the 2024 Guidelines issues by the Personal Information Protection Commission (PIPC).
Contributing to the Yearbook are renown international scholars, Professor Lucas Carlos Lima, Professor Aziz Tuffi Saliba and Professor Lutiana Valadares Fernandes Barbosa. Professor Lucas Carlos Lima's article on "The International Tribunal for the Law of the Sea's Advisory Opinion on Climate Change: A Rift Among Equals" discusses the most recent landmark ICJ Advisory Opinion on climate change and its implications to the international community.
With the rapid development in AI, Professor Aziz Tuffi Saliba and Professor Lutiana Valadares Fernandes Barbosa's article on "Artificial Intelligence and Human Rights: A Double-Edged Sword" focuses on both the implications of artificial intelligence to the obligations to protect, respect, and fulfill economic, social and cultural rights, and also the challenges of human rights issues in the context of the AI revolution.
Continuously contributing to the historical aspects of international law in the Republic of Korea, Director General See-Hwan Doh's article on "A Review of Sakutaro Tachi's Distortion of the Principles of International Law on Japan's Invasion of Dokdo in 1905" commemorates the 80th anniversary of Korea's liberation from Japanese colonial rule and the 60th anniversary of the normalization of diplomatic relations between Korea and Japan, by historically analyzing the essential problems of the distortion of the principles of international law in Japanese claims to Dokdo raised by mobilizing international law. Professor Jang-Hie Lee contributed to this volume through his analysis of the Korea-Japan's relations focusing on the victims of Japanese forced labor and the recent Korean Supreme Court decision that ruled in favor of the victims of forced labor for the first time, in his article "Victims of Japanese Forced Labor & Its Approach by the Transitional Justice of the UN Human Rights Committee in the B (ICCPR) Covenant of the Human Rights".
Considering the ongoing importance on environmental law and maritime delimitations in international law, Mr. Jinwoong Seo's article on "Ecologically or Biologically Significant Marine Areas (EBSAs) in the Convention on Biological Diversity and the Issue of Dokdo" interprets the Convention on Biological Diversity and its new proposal of the Ecologically or Biologically Significant Marine Areas (EBSAs) by critically examining the current trends in EBSAs and potential issues that may arise.
Dr. Min-Jung Chung provides two contributions on the current developments in legislation in the Republic of Korea, one focusing on the "Resolution Relating to International Law Adopted by the National Assembly in 2024" and the other focusing on "The Possibility of the 2028 Termination of the Korea-Japan Joint Development Agreement on the Continental Shelf and Anticipated Consequences". As the National Assembly of the Republic of Korea expresses its positions in the form of resolutions, Dr. Chung's article on the "Resolutions Relating to International Law Adopted by the National Assembly in 2024" is crucial in this year's volume as there are two resolutions worth noting related to international law, dealing with the dumping of contaminated water from the Fukushima Daiichi Nuclear Power Plant and the call to the Japanese Government to withdraw its reapplication of Sado Gold Mine on the World Heritage Committee List and implement UNESCO's recommendations. The second piece by Dr. Min-Jung Chung focuses on the Agreement between the Republic of Korea and Japan Concerning the Joint Development of the Southern Part of the Continental Shelf adjacent to the Two Countries (JDZ Agreement) which was signed on January 30, 1974.
With the increase in foreign investment, Attorney Changwan Han's article on "Three Blades of Leverage: A Critical Perspective on the Korea-China Investment Treaty Framework", provides a comprehensive analysis on three coexisting international investment agreements between Korea and China (BIT, TIT, and FTA). Last but not least, Attorney Yunjeong Hwang's article on "International Divorce in Korea: Legal Framework and Practical Issues" examines the legal framework and practice issues of international divorce in Korea, focusing on procedural aspects and private international law by discussing the amendment to Korea's Act on Private International Law in 2022.
Once again, we are grateful to the authors for their invaluable contribution in the field of international law in the Republic of Korea. We look forward to the ongoing contributions to the Yearbook as it continues to cover current developments in international law.

Professor Junha Kang
Editor-in-Chief
Hongik University

Professor Angela Semee Kim
Executive Editor
Handong Global University

EDITORIAL NOTE
Junha KangㆍAngela Semee Kim ＿ 11


ARTICLES
See-Hwan DOH
A Review of Sakutaro Tachi's Distortion of the Principles of International Law on Japan's Invasion of Dokdo in 1905 ＿ 17

Lucas Carlos LIMA
The International Tribunal for the Law of the Sea's Advisory Opinion on Climate Change: A Rift Among Equals? ＿ 39

Aziz Tuffi SALIBAㆍLutiana Valadares Fernandes BARBOSA
Artificial Intelligence and Human Rights: A Double-Edged Sword ＿ 81

Changwan HAN
Three Blades of Leverage: A Critical Perspective on the Korea-China Investment Treaty Framework ＿ 115

Yunjeong HWANG
International Divorce in Korea: Legal Framework and Practical Issues ＿ 163

SPECIAL REPORTS
Jinwoong SEO
Ecologically or Biologically Significant Marine Areas (EBSAs) in the Convention on Biological Diversity and the Issue of Dokdo ＿ 199

Jang-Hie LEE
Victims of Japanese Forced Labor & Its Approach By the Transitional Justice of the UN Human Rights Committee in the ICCPR ＿ 217

Ju Eun LEE
Application of Korean Data Privacy Regulations to Foreign Business Operators ＿ 229

RECENT DEVELOPMENTS
Gyooho LEE
The Framework Act on National Heritage and Related Laws ＿ 265
Minjung CHUNG
The Possibility of the 2028 Termination of the Korea-Japan Joint Development Agreement on the Continental Shelf and Anticipated Consequences ＿ 277

CONTEMPORARY PRACTICE AND JUDICIAL DECISIONS
Minjung CHUNG
Resolutions Relating to International Law Adopted by the National Assembly in 2024 ＿ 295

Eungi HONG
Judicial Decisions in Public International Law (2024) ＿ 303

Jung Hwa YOU
Judicial Decisions in Private International Law (2024) ＿ 327

KOREAN DOMESTIC LAWS ＿ 341

TREATIES/AGREEMENTS CONCLUDED BY THE REPUBLIC OF KOREA ＿ 345

INDEX ＿ 347

AUTHOR GUIDELINES AND STYLE SHEET ＿ 353

The Korean Branch of the International Law Association