About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

3 Korean J. Int'l & Comp. L. 1 (2015)

handle is hein.journals/kjicl3 and id is 1 raw text is: KOREAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 3 (2015) 1-2 KJICL NIJHOFF brill.com/kjic Editorial Note Seokwoo Lee Professor of Law, Inha University Law School, Korea Executive Editor, Korean journal ofInternational and Comparative Law (KJICL) leeseokwoo@inha.ac.kr Volume 3, Number I of the Korean Journal of International and Comparative Law begins with a discussion of the Settlement of the Claims of Individuals by their Countries by Ronald J. Bettauer of George Washington University who was Deputy Legal Adviser of the United States Department of State. He examines the practice of diplomatic protection within the United States context and how the principles of espousal were applied in regards to claims against Japanese and German companies. He notes that the practice of dip- lomatic protection, the state's espousal of the claim of one of its nationals against another state, has been regarded as customary international law. From the perspective of u.s. law, a final settlement of an espoused claim clears the underlying private debt and releases the defendant sovereign from all of its obligations except that which is provided for in a settlement agreement. Mr. Bettauer looks at the impact of the Japan Peace Treaty and the settlement of claims by the United States federal government on claims made by individu- als against Japanese companies that were permitted through time extensions by the State of California. There, the courts concluded that additional claims beyond those that were already settled were not permissible. In contrast, he notes that there was a legal ambiguity as to when and whether claims arising out of the Holocaust could be made against Germany. Eventually, an agreement was reached whereby the claims could proceed but not on the basis of diplo- matic protection or a standard settlement agreement. Mr. Bettauer observes that a creative solution is available if the desire exists to find a solution. The article that follows, West Sea Special Zone for Peace and Cooperation between South Korea and North Korea: Any Role for Joint Development of the South China Sea? by Professor Seokwoo Lee of the Board of Editors, and Leonard Bernard of the National University of Singapore, examines the pro- posal for the Special Peace and Cooperation Zone in the West Sea and the potential applicability of its provisions to the South China Sea to help alleviate tensions in that volatile region. After explaining the background and specifics @ KONINKLIJKE BRILL NV, LEIDEN, 2015 DOI 10.1163/22134484-12340045

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most