From Liability Trap to the World’s Safest Harbour: Lessons from China, India, Japan, South Korea, Indonesia, and Malaysia

Author(s):  
Kyung-Sin Park

This chapter compares the intermediary liability rules of six major Asian countries and highlights how there seems to be confusion on their nature, although the commentators of all countries describe their respective rules as ‘safe harbours’ resembling section 512 of the US Digital Millennium Copyright Act. The chapter describes how China and South Korea inadvertently created a liability-imposing rule instead of a liability-exempting rule. Further, the chapter reviews India and Japan’s statutes that set out liability-exempting regimes closely resembling the EU e-Commerce Directive. India’s 2011 Intermediary Guidelines generate a strong cloud of obligations on intermediaries that threatens to convert the whole system into a liability-imposing one. However, that threat had an impact on the jurisprudence with the 2013 Shreya Singhal decision making the Indian system one of the world’s safest harbours. This chapter further discusses the importance of distinguishing between a liability-imposing rule and a liability-exempting one in the light of other Asian examples. Indonesia’s safe harbour draft regulation announced in December 2016 seems to move towards the dangerous model of both China and South Korea. Malaysia’s copyright notice and takedown appears to follow the US model closely but has a structure that allows the same misunderstanding made by South Korean regulators.

2021 ◽  
Vol 3 (1) ◽  
pp. 32-49
Author(s):  
Andrei Nuțaș ◽  

Overall, the EU's response to the COVID crisis can be said to have been one of the most ineffective in the world, overshadowed only by the catastrophic response of the US and Brazil (at least on a per capita basis). Although, one can argue more about the effectiveness or morality of the measures, I would nevertheless, like to take a step back from these discussions and consider what the non-pharmacological interventions the EU has imposed reveal about our values. The main question is: What was the axiological framework on which the EU interventions were based? To provide an answer, I will compare the EU approach with South Korea’s approach in dealing with the pandemic. The former’s approach is a traditional approach, which mostly avoids the use of advanced data analysis and predictive analysis, focusing mainly on restricting free movement through social distancing and quarantine. This is complemented by tests, which are primarily diagnostic. The latter makes full use of the most modern methods, attempting to parallel the minimisation of the use of traditional methods of restricting movement with the minimisation of deaths caused by the virus. After a more detailed presentation of the methodologies of the two sides, I will consider what these modern methods entail and what would have to be sacrificed to use them. This will reveal that giving up confidentiality is the main cost that the European community should have offered in exchange for following the South Korean path. The analysis of the data will show how privacy and other values, such as economic prosperity, education, equality, freedom, mental health and ultimately life itself, were affected by the two strategies. Based on the evidence from the analysis I will conclude that privacy is more important to the average European than any of the other proposed values, including life itself.


Author(s):  
Jude Woodward

This chapter looks at South Korea’s response to the US ‘pivot’. It takes stock of the post-war division of the peninsula and its consequences for the international alignment of both North and South. It considers how the ‘economic miracle’ in South Korea led to growing competition with Japan and greater synergies with China. It looks at the degree to which North Korea threatens stability in the region, and to what extent its demonisation justifies a major US presence in close proximity to China. The chapter discusses whether resurgent China is seen as a threat to South Korean interests or chiefly viewed through the prism of mutual economic benefit; and contrasts alleged concerns about China with those provoked by Japan. It concludes that while South Korea has continued to step up its military collaboration with the US, it has not become a cheerleader for pushing back against China and has not signed up to a US strategy to contain China.


2019 ◽  
pp. 69-100
Author(s):  
Suhi Choi

The term “Yŏsun Killings” refers to a prewar atrocity in which the US-allied South Korean forces killed numerous civilians who were accused of being either communists or communist sympathizers in the cities that had been occupied by rebels in the southwestern part of South Korea. As one of the sites of these atrocities, Gurye became the first town in South Korea to erect a public memorial in 2006 for the victims of the Yŏsun Killings. Gurye presents a case that demonstrates how democratized South Korea has continued to negotiate a strong legacy of anticommunism, even at its subversive memorial sites. In a land that has long muted the memories of an old atrocity, suppressed mourners in Gurye are still struggling to reclaim their fundamental yet long-deprived rights to mourn the loss of their loved ones.


Author(s):  
Juan Fernando López Aguilar

Desde los primeros capítulos de la construcción europea con el Tratado de Roma (1957) que cumple 60 años, la jurisprudencia dictada por el Tribunal de Justicia ha sido determinante para la dimensión constitucional del ordenamiento comunitario. En una secuencia de decisiones históricas, el TJ ha afirmado su primacía, eficacia vinculante y su unidad garantizando su interpretación y aplicación uniforme, pero también, sobre todo, los derechos fundamentales dimanantes de las tradiciones constitucionales comunes como fuente del Derecho europeo (principios generales). Esta doctrina se consolida en Derecho positivo, al fin, con la entrada en vigor del Tratado de Lisboa (TL) en 2009, incorporando el TUE, el TFUE, y, relevantemente, la Carta de Derechos Fundamentales de la UE (CDFUE) con el «mismo valor jurídico que los Tratados» y, consiguientemente, parámetro de validez de todo el Derecho derivado, así como de enjuiciamiento de la compatibilidad de la legislación de los EE.MM con el Derecho europeo.La doctrina del TJUE sobre derechos fundamentales ha sido su proyección sobre la protección de datos en el marco de los derechos a la vida privada, a la privacidad frente a la transferencia electrónica de datos y al acceso a la tutela judicial de estos derechos (art. 7, 8 y 47 CDFUE). En ella conjuga los principios de reserva de ley (respetando su contenido esencial) y de proporcionalidad y necesidad de las medidas que les afecten. Pero, además, esta doctrina ha adquirido un impacto decisivo en la articulación jurídica de la relación transatlántica entre la UE y EEUU, confrontando los estándares de protección de datos a ambos lados del Atlántico e imponiendo garantías de un «nivel de protección adecuado» para los ciudadanos europeos. Este artículo examina el impacto de dos recientes sentencias relevantes del TJ —Asunto Digital Rights Ireland (2014) y Asunto Schrems (2015)— sobre el Derecho derivado (Directiva de Conservación de Datos de 2006, Directiva de Protección de Datos de 1995, y Decisión de «adecuación» de la Comisión Europea de 2000) y sobre instrumentos de Derecho internacional (Acuerdo Safe Harbour) entre la UE y EEUU. Impone, como consecuencia, no sólo una negociación que repare las deficiencias detectadas en ambas resoluciones sino una actualización del Derecho europeo (nuevo Data Protection Package en 2016) y una novedosa Ley federal de EEUU que por primera vez ofrece a los ciudadanos europeos acceso al sistema de recursos judiciales ante los tribunales estadounidenses en la defensa del derecho a la protección de datos (Judicial Redress Act, 2016).Right from the first very chapters of the European construction under the Treaty of Rome (1957), which turns 60 this year 2017, the jurisprudence by the Court of Justice has truly been decisive to shape the constitutional dimension of the European Community legal order. In a series of historical decisions, the CJEU has affirmed its primacy, its binding efficacy and unity, while guaranteeing its uniform interpretation and implementation. But it has also, above all, enshrined the fundamental rights resulting from the common constitutional traditions as a source of European Law (i.e general principles). This legal doctrine has been ultimately consolidated in positive Law, finally, with the entry into force of the Treaty of Lisbon (TL) in 2009, incorporating the TEU, the TFEU and, most notably, the Charter of Fundamental Rights of the EU (CFREU) with the «same legal value as the Treaties». Charter Fundamental Rights have turned to be, consequently, a parameter for examining the validity of secondary EU legislation, as well as for scrutinizing and reviewing the standard of compatibility of the national legislation of EU Member States with European law. The legal doctrine of the ECJ on fundamental rights has been particularly relevant in its impact on the data protection in the framework of the rights to privacy, privacy with regard to the electronic data transfer, and access to judicial protection of these rights (art. 7, 8 and 47 CFREU). It combines the principles of reservation of law (in due respect of its essential content) as well as proportionality and necessity for legislative measures that might affect them. But, moreover, this doctrine has had a decisive impact on the legal articulation of the so-called transatlantic partnership between the EU and the US, confronting data protection standards on both sides of the Atlantic and imposing guarantees of an «adequate level of protection» for all European citizens. This paper explores the impact of two recent relevant decisions by the ECJ — its rulings on Digital Rights Ireland case (2014) and on the Schrems case (2015) — upon the secondary EU legislation (Data Retention Directive of 2006, Data Protection Directive of 1995, and the «adequacy» Decision of the European Commission of 2000), as well as upon International Law instruments (Safe Harbour Agreement) between the EU and the US. It imposes, as a consequence, not only a negotiation that remedies the shortcomings detected in both decisions, but also a compelling updating of European law itself (new Data Protection Package in 2016) and a new US federal law, which, for the first time ever, provides European citizens with access to judicial remedies in U.S. Courts in defending their right to data protection (Judicial Redress Act, 2016).


2005 ◽  
Vol 4 (2) ◽  
pp. 233-262 ◽  
Author(s):  
Min Gyo Koo ◽  
Vinod Aggarwal

AbstractThe traditional institutional equilibrium in East Asia—the embrace of the WTO at the multilateral level and a focus on market-driven, informal integration at the sub-multilateral level—is under heavy strain. Increasingly, East Asian countries are pursuing greater institutionalisation at the sub-multilateral level, weaving a web of preferential arrangements in response to similar strategies pursued by the US and the EU. This article examines the likely path of trading arrangements in Northeast Asia, its implications for East Asia and the future of APEC and ASEM. We propose an institutional bargaining game approach, focusing on goods, countries' individual bargaining situations and the fit with existing arrangements, and allowing an exploration of the evolution of trading arrangements in East Asia. An East Asian trading bloc has both benign and pernicious elements, depending on the ideas and beliefs held by regional actors. The contribution of a prospective East Asian bloc to APEC and ASEM primarily depends on the balance of interests between the US and the EU concerning East Asia. In view of the tremendous political and economic uncertainty in the global economy, the path to freer trade in Northeast Asia, East Asia and the world system is likely to be a bumpy one.


2003 ◽  
Vol 9 (2) ◽  
pp. 66-70
Author(s):  
Warman W. M. CHENG ◽  
Alex F. CARRE ◽  
Ku KIM ◽  
Robin CARR

LANGUAGE NOTE | Document text in English; abstract also in Chinese.The purpose of this study was to do a comparative analysis of the critical coaching interventions surrounding the use of timeouts employed by male university coaches. Little examination of such game related coaching decision making as a measure of coaching effectiveness has been conducted, particularly at the international level. Fifty-five male coaches of men’s university basketball teams from four different countries (Canada, Hong Kong, South Korea, Taiwan) were analyzed using a questionnaire consisting of demographic questions and a specific six-factor, 26-item timeout questionnaire. Analysis of variance with Scheffe post hoc multiple comparisons was used to examine the results. The findings were: 1. Canadian and South Korean coaches were older and more experienced than coaches from the other countries with Canadian coaches holding more formal certification qualifications. 2. Age, experience and qualifications, however, made no statistically significant difference to the overall results. 3. The "physical" factor was the most common reason for calling timeouts with Hong Kong coaches using this reason most often. 4. The "emotional" factor was the least used reason for calling timeouts for Canadian coaches but was used most often by Korean coaches. 5. Canadian coaches were less likely to use timeouts while Korean coaches were most likely. Canada and Taiwan scored consistently higher than Hong Kong and South Korean coaches and were more similar in their emphasis on all factors. The results suggest a clear difference in the approach to timeout decision making among the coaches from the four countries with the Canadian strategy being consistently different than the other countries of Hong Kong, Taiwan and especially South Korea. The highest emphasis on "physical" factor indicated the importance of using timeouts as a means of controlling team fatigue and energy expenditure.本研究之目的在於分析大學男子籃球敎練在使用暫停的關鍵抉擇。以往較少研究使用比賽中敎練的決定去分析敎練的敎授成效,本問卷以六種決策方式,分26項來分析四個國家(加拿大、香港、南韓及台灣)的大學男子籃球隊敎練的決策因素,並分析跨國的異同關係。研究指出:一. 加拿大及南韓的敎練年齡較長、經驗較深,而加拿大敎練具有較多正規的証書資格。二. 年齡、經驗及資格與決定因素並無明顯的相關。三. 香港敎練較常以體能因素去請求暫停。四. 加拿大敎練較少以心理因素去請求暫停,而反之南韓敎練則較多。五. 加拿大敎練較少請求暫停而南韓敎練則較多。而在整體因素方面,加拿大及台灣敎練的取向相似並較香港及南韓敎練為高。結果指出加拿大敎練在請求暫停的決定方面與其他國家有明顯的分別,以南韓為甚。體能因素備受重視則引出暫停用作控制球隊疲累及能量消耗問題的重要性。


Significance Along with the stabbing of the US ambassador to Seoul by a South Korean activist earlier this month, sharp comments from a top US official about Seoul's 'Japan-bashing', and Seoul's potential membership of a new China-led Asian Infrastructure Investment Bank (AIIB), this points to new tensions in key regional relationships. Impacts Seoul's foremost challenge, alongside Pyongyang and related, is navigating between its US ally and its neighbour and trade partner, China. Fear of Pyongyang, plus annoyance at Beijing's hectoring, mean that Seoul may agree to host a missile defence battery. Parlous Seoul-Tokyo relations seriously worry Washington, but Park's falling popularity makes it hard to reverse her unbending stance.


Subject New developments in China-South Korea economic relations. Significance China and South Korea have one of the most important bilateral economic relationships. Politics trumped economics when China imposed de facto sanctions in response to South Korea's hosting of the US military's THAAD missile defence system -- but there are more fundamental changes underway, too. Impacts South Korean companies will be more cautious about investing in China and will further diversify their investment destinations. South Korea's government and firms will work harder to develop South-East Asian markets for the country's tourism and creative industries. Links will develop further between Chinese and South Korean firms within cross-border technological chains. Overall volumes of bilateral trade will continue to increase, regardless of political tension and economic rivalry.


2018 ◽  
Vol 2 (2) ◽  
pp. 74-91
Author(s):  
J.W. Han ◽  
C. Buts ◽  
T. Joris
Keyword(s):  
The Us ◽  

2020 ◽  
Vol 19 (19) ◽  
pp. 117-137
Author(s):  
Natalia Matveeva

Since its founding in 1948, South Korea existed on the forefront of the Cold War divide between the two rival blocs. The 'communist threat' was never far from the South Korean leaders' minds, yet it was not until the 1960s that anti-communism was turned into a strategy for regime legitimisation. In 1961, as a result of a coup d'état, a military regime came to power. Its first and most important goal was to legitimise itself both domestically and internationally. General Park Chung-hee, the leader of the military junta, chose anticommunism as part of his strategy. It was deployed to convince the US of the new regime's commitment to defending the country against any possible threat; to prevent American military and economic withdrawal from Korea, and to justify the intensive drive for rapid economic development, for which the general later became renowned. This article argues that South Korean anticommunism in the early 1960s was a complex and conscious strategy aimed at establishing the foundations for the new military regime and ensuring its continued survival. Based on Park Chung-hee's speeches and books and the available archival sources, the article illustrates the way in which anticommunism was presented and how it was used as part of the regime's legitimising strategy.


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