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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

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