scholarly journals THE PROLIFERATION OF NUCLEAR WEAPONS IN NORTH KOREA: INTERNATIONAL LAW PERSPECTIVE

2019 ◽  
Vol 5 (1) ◽  
pp. 32
Author(s):  
Yordan Gunawan ◽  
Rima Ayu Andriana
Keyword(s):  
International Law ◽  
Nuclear Weapons ◽  
North Korea ◽  
International Community ◽  
Nuclear Disarmament ◽  
Legal Research ◽  
The North ◽  
Compliance Behavior ◽  
The Status

The proliferation issue of nuclear weapons in North Korea is becoming a more serious problem to the international community. North Korea has been manufacturing and developing nuclear weapons technology, which receives many critics by the international community expressing that North Korea is being non-compliance with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) 1968. The criticism emerged following the North Korea withdrawal from the NPT 1968. Its withdrawal reasoning seems very hard to be justified after series of non-compliance behavior conducted by North Korea and the legitimacy of its withdrawal is being debated. By using normative legal research, the research aims to determine the status of North Korea upon its withdrawal from the NPT 1968 based on the withdrawal procedure that is required in the Article X of the NPT 1968. The result shows that North Korea is still a member and it is bound by the obligations contained in the Treaty and to make progress on a complete nuclear disarmament regime.

The North Korean Nuclear Dilemma: Does China Have Leverage?

2019 ◽  
Vol 6 (2) ◽  
pp. 107-135 ◽  
Author(s):  
Weiqi Zhang ◽  
Ginger L. Denton
Keyword(s):  
United States ◽  
Statistical Analysis ◽  
Nuclear Weapons ◽  
North Korea ◽  
The United States ◽  
International Community ◽  
The North ◽  
The Impact

North Korea has repeatedly defied the international community with regards to its nuclear weapons programme. Many look to China for leverage to change North Korea’s behaviour. This study reviews the development of the China–North Korean relationship and conducts a statistical analysis on the impact of China’s influence on North Korea. Our analysis finds China’s leverage on North Korea to be nuanced. We maintain that North Korea has been wary of China’s influence. Complete isolation or pressure from China under certain conditions will render North Korea more resistant to China’s influence. We also suggest that the key to the North Korean issue is still in the hands of the United States and the entire international community through the use of an engagement strategy.

scholarly journals The Binding Force of the Nuclear Disarmament Obligation upon North Korea and Its Legal Implication under International Law

2020 ◽  
Vol 07 (01) ◽  
pp. 121-140
Author(s):  
Diajeng Christianti ◽  
Jaka Rizkullah
Keyword(s):  
South Korea ◽  
International Law ◽  
Nuclear Weapon ◽  
North Korea ◽  
Nuclear Disarmament ◽  
Customary International Law ◽  
Binding Force ◽  
The Status ◽  
Nuclear Tests ◽  
Legal Implication

Article VI of the 1968 Nuclear Non-Proliferation Treaty (NPT) requires all state parties to disarm nuclear weapon. Following its official withdrawal from NPT in 2003, North Korea maintains to develop its nuclear weapon and conducts several nuclear tests. Moreover, it even proudly declared as a nuclear state in its Constitution's preamble. It also argues that the nuclear weapon developments and tests were conducted within their territory and, currently, North Korea is not bound by any treaty prohibiting such developments and tests. The statement is strongly opposed by the international community, particularly their neighboring states: Japan and South Korea. This article argues that the obligation to disarm nuclear weapon deriving from the NPT still binds North Korea since such obligation has reached the status of customary international law and consequently binds every state unless such state persistently objects the rule from the beginning of its formation. In this case, North Korea has failed to prove itself as a persistent objector due to the fact it used to be a party to the NPT. This article also argues that, according to 2001 ILC Articles, Japan and South Korea still have a proper legal basis to claim for reparation against North Korea despite the fact that they are not specifically affected by North Korea’s conducts.

scholarly journals Recognition in international law: The case of Kosovo and Metohija

2015 ◽  
pp. 289-306
Author(s):  
Tijana Surlan
Keyword(s):  
International Law ◽  
Constitutive Theory ◽  
Sovereign State ◽  
Public International Law ◽  
The Public ◽  
The North ◽  
Official Position ◽  
The Status ◽  
North Part ◽  
The Eu

Recognition is an instrument of the public international law founded in the classical international law. Still, it preserves its main characteristics formed in the period when states dominated as the only legal persons in international community. Nevertheless, the instrument of recognition is today as vibrant as ever. As long as it does not have a uniform legal definition and means of application, it leaves room to be applied to very specific cases. In this paper, the instrument of recognition is elaborated from two aspects - theoretical and practical. First (theoretical) part of the paper presents main characteristics of the notion of recognition, as presented in main international law theories - declaratory and constitutive theory. Other part of the paper is focused on the recognition in the case of Kosovo. Within this part, main constitutive elements of state are elaborated, with special attention to Kosovo as self-proclaimed state. Conclusion is that Kosovo does not fulfill main constitutive elements of state. It is not an independent and sovereign state. It is in the status of internationalized entity, with four international missions on the field with competencies in the major fields of state authority - police, judiciary system, prosecution system, army, human rights, etc. Main normative framework for the status of Kosovo is still the UN Resolution 1244. It is also the legal ground for international missions, confirming non-independent status of Kosovo. States that recognized Kosovo despite this deficiency promote the constitutive theory of recognition, while states not recognizing Kosovo promote declaratory theory. Brussels Agreement, signed by representatives of Serbia and Kosovo under the auspices of the EU, has also been elaborated through the notion of recognition - (1) whether it represents recognition; (2) from the perspective of consequences it provokes in relations between Belgrade and Pristina. Official position of Serbian Government is clear - Serbia does not recognize Kosovo as an independent and sovereign state. On the other hand, subject matter of Brussels Agreement creates new means of improvement for Kosovo authorities in the north part of Kosovo. Thus, Serbian position regarding the recognition is twofold - it does not recognize Kosovo in foro externo, and it completes its competences in foro domestico. What has been underlined through the paper and confirmed in the conclusion is that there is not a recognition which has the power to create a state and there is not a non-recognition which has the power to annul a state.

The juche H-bomb? North Korea, nuclear weapons and regime-state survival

2020 ◽  
Vol 96 (4) ◽  
pp. 1051-1068
Author(s):  
Edward Howell
Keyword(s):  
Nuclear Weapons ◽  
North Korea ◽  
International Perspective ◽  
Policy Implications ◽  
Rogue States ◽  
The North ◽  
North Korean Defectors ◽  
Domestic Level ◽  
North Korean Regime ◽  
State Survival

Abstract Existing scholarship on North Korea's nuclear programme remains overwhelmingly centred around questions of containment or engagement with the North Korean regime-state, amid international calls for denuclearization. Yet, scholarship has rarely interrogated the precise value of nuclear weapons to the regime-state. This article develops a new theoretical framework of nuclear ideology to explore the puzzle of the survival of North Korea. This framework aims to show how the North Korean nuclear programme is deeply entrenched within the state ideology of juche, as one device for continued regime-state survival. Through interviews with elite North Korean defectors and textual analysis of North Korean and international sources, I show that North Korea's nuclear ideology has been constructed according to different frames of meaning, targeting referent actors of international ‘enemy’ powers and domestic audiences. This article concludes that nuclear ideology functions primarily as a tool to arouse domestic legitimacy for the North Korean regime-state, by targeting elite actors within the highly stratified domestic population. From an international perspective, perception of North Korea's survival remains tied largely to the regime-state's physical possession of nuclear weapons. This article has extremely timely theoretical and policy implications given the current ‘dialogue’ between US and North Korean leaders. First, it opens up fruitful avenues of inquiry surrounding questions of the legitimacy of rogue states within international relations. Secondly, this article calls for a more robust understanding of the domestic-level politics of North Korea, in order to understand the regime-state's foreign policy decisions vis-à-vis its nuclear programme.

Dialogue with John Dunn on Korean Denuclearization

2019 ◽  
Vol 36 (7-8) ◽  
pp. 293-311
Author(s):  
Sang-Jin Han
Keyword(s):  
Nuclear Weapons ◽  
Korean Peninsula ◽  
North Korea ◽  
Vantage Point ◽  
Global Risk ◽  
Donald Trump ◽  
The North ◽  
Fundamental Limit ◽  
National Division ◽  
Reasonable Solution

This dialogue addresses the global risk that broke out of the North Korean development of nuclear weapons and missiles. It starts from the brutal consequences of the national division for Korea and asks why North Korea has been so preoccupied with nuclear projects as has been found to be the case since the 1990s, and how much and why Kim Jung-un today differs from his father in terms of his future, and where the fundamental limit lies in Moon Jae-In’s as well as Trump’s approaches to Korean denuclearization and peace. The highlight of this dialogue is to explain the intrinsic difficulties for Donald Trump and Kim Jung-un in finding a reasonable solution to their respective demands for denuclearization and regime security, and explore the likely future of the Korean Peninsula from the vantage point of Kim Dae-jung’s Sunshine Policy and metamorphosis.

Troubled Neighbours: Japan's Negative Economic Diplomacy Towards North Korea

2010 ◽  
Vol 9 (2) ◽  
pp. 363-394 ◽  
Author(s):  
Maaike Okano-Heijmans
Keyword(s):  
North Korea ◽  
The United States ◽  
Economic Benefits ◽  
Diplomatic Relations ◽  
Trade Relations ◽  
Economic Diplomacy ◽  
The North ◽  
The Status ◽  
Policy Fields ◽  
Economic Engagement

AbstractThe importance of economic issues, in a comprehensive multilateral and bilateral context, has been receiving increased attention in writings about the Korean Peninsula lately. This article adds to this debate by analysing Japan's relations with North Korea from an economic diplomacy perspective. The concept of 'negative economic diplomacy' is introduced to understand actions of the Japanese government, which had tried economic engagement in various ways until the early 1990s, but hardened its stance thereafter. Tokyo seems to have come to the conclusion that North Korean rulers are more willing to preserve the status quo than some wish to believe and, consequently, started to use the North Korean threat to justify Japan's controversial military enhancement in a context of uncertainty about the United States' commitment and an increasingly stronger China. is strategy was practised through a negative approach to economic diplomacy of withholding economic benefits—in policy fields ranging from the abductees and normalisation of diplomatic relations, to trade relations, sanctions and the six-way process. Japan's policy was most outspoken from late 2002 until at least mid-2007.

North Korea

2019 ◽  
Author(s):  
Patrick McEachern
Keyword(s):  
United States ◽  
South Korea ◽  
Nuclear Weapons ◽  
North Korea ◽  
The United States ◽  
Pop Music ◽  
Nuclear Program ◽  
Foreign Service ◽  
The North ◽  
American President

After a year of trading colorful barbs with the American president and significant achievements in North Korea’s decades-long nuclear and missile development programs, North Korean leader Kim Jong Un declared mission accomplished in November 2017. Though Kim's pronouncement appears premature, North Korea is on the verge of being able to strike the United States with nuclear weapons. South Korea has long been in the North Korean crosshairs but worries whether the United States would defend it if North Korea holds the American homeland at risk. The largely ceremonial summit between US president Donald Trump and Kim Jong Un, and the unpredictability of both parties, has not quelled these concerns and leaves more questions than answers for the two sides' negotiators to work out. The Korean Peninsula’s security situation is an intractable conflict, raising the question, “How did we get here?” In this book, former North Korea lead foreign service officer at the US embassy in Seoul Patrick McEachern unpacks the contentious and tangled relationship between the Koreas in an approachable question-and-answer format. While North Korea is famous for its militarism and nuclear program, South Korea is best known for its economic miracle, familiar to consumers as the producer of Samsung smartphones, Hyundai cars, and even K-pop music and K-beauty. Why have the two Koreas developed politically and economically in such radically different ways? What are the origins of a divided Korean Peninsula? Who rules the two Koreas? How have three generations of the authoritarian Kim dictatorship shaped North Korea? What is the history of North-South relations? Why does the North Korean government develop nuclear weapons? How do powers such as Japan, China, and Russia fit into the mix? What is it like to live in North and South Korea? This book tackles these broad topics and many more to explain what everyone needs to know about South and North Korea.

scholarly journals Is Russia an Arctic Status Quo Power?

Politik ◽  
2011 ◽  
Vol 14 (1) ◽  
Author(s):  
Morten Larsen Nonboe
Keyword(s):  
Foreign Policy ◽  
International Law ◽  
Case Studies ◽  
Arctic Region ◽  
Status Quo ◽  
North Pole ◽  
The Arctic ◽  
Russian Foreign Policy ◽  
The North ◽  
The Status

Russian foreign policy in the increasingly important Arctic region reflects an ambiguous combination of assertiveness and cooperation in accordance with international law. Against this background, the existing literature on the Arctic tends to polarise around revisionist and status quo interpretations of Russian foreign policy in the region. The present paper contrasts the divergent interpretations through case studies of the Russian flag planting on the North Pole seabed in 2007 and Russia’s participation at the Ilulissat Summit in 2008 which can be seen as ‘crucial’ cases for the competing interpretations. Overall, the case studies provide support for a modidied version of the status quo interpretation which incorporates insights from the revisionist interpretation. 

Washington will prove a paper tiger on North Korea

2017 ◽  
Keyword(s):  
Technology Transfer ◽  
Nuclear Weapons ◽  
North Korea ◽  
Nuclear Power ◽  
Delivery Systems ◽  
Nuclear Test ◽  
Nuclear Technology ◽  
Content Type ◽  
The Status ◽  
North Korean Regime

Significance Since its first nuclear test in 2006, North Korea has made steady progress in nuclear weapons technology. The July 4 ICBM test reflects its progress on delivery systems with longer ranges and increased sophistication. Pyongyang routinely claims to possess the status as a full nuclear power with the ability to retaliate with strategic nuclear arms against a US attack. Impacts Beijing is likely to share Washington’s concerns about nuclear technology transfer by a more secure North Korean regime. However, Washington is likely to position more rapid-strike conventional forces in the region, over China’s vociferous objections. Once North Korea is confident in its deterrent, it may be willing to offer a cessation of testing in exchange for sanctions relief.

scholarly journals Famine and Reform in North Korea

2004 ◽  
Vol 3 (2) ◽  
pp. 1-40 ◽  
Author(s):  
Marcus Noland
Keyword(s):  
Nuclear Weapons ◽  
North Korea ◽  
Economic Reforms ◽  
Food Crisis ◽  
The North ◽  
The Impact ◽  
Korean Food

North Korea has been in a food emergency for more than a decade and in the 1990s experienced a famine that may have claimed one million lives. The crisis is distinguished by its protracted nature, and although conditions have eased somewhat in recent years, the situation remains precarious, and the country could lapse back into famine. This paper reviews the origins of the North Korean food crisis, the impact of the 1990s famine, and the prospects for resolution of the emergency in light of economic reforms initiated in 2002 and the subsequent diplomatic confrontation over the country's nuclear weapons program.

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