Who Violated International Law? Critical Analysis of Abe’s Export Restrictions to Korea

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : Journal of East Asia and International Law / 12권 / 2호
ㆍ저자명 : Soojin Nam, Eric Yong Joong Lee

목차

1. Overview
2. “Security Exception” under GATT Article XXI
A. Requirements of Article XXI
3. Lack of Evidence Warranting Invocation of GATTArticle XXI
4. Article 2 of the Korea-Japan Claims Agreement
A. The Korean Supreme Court’s Decision for the Forced Labor Victimsand Japan’s Response
B. Article 2 of the Korea-Japan Claims Agreement
5. Korea-Japan Basic Treaty
6. Conclusion: Who Violated International Law?

영어 초록

Tensions are high between Korea and Japan as a result of Japan’s export restrictions on three essential semiconductor materials exported to Korea and the removal of South Korea from their White List of countries. The Abe Administration announced that these measures were necessary to “ensure non-proliferation of weapons-related materials.” However, it is widely suspected that these measures were adopted as a retaliation against the Korean Supreme Court’s decision recognizing compensation for the forced labor victims during the Japanese occupation period. The Korean government filed a complaint concerning these measures at the WTO DSB for resolution under international law. In this research, the authors will critically analyze Japan’s export restrictions under international law to facilitate a peaceful resolution to the current conflict. This paper will tackle the relevant issues under the WTO/GATT regulations and the Korea-Japan Claims Agreement to address the issue of who violated international law.

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