North Korea has survived the end of the Cold War, massive famine, numerous regional crises, punishing sanctions, and international stigma. In A Most Enterprising Country, Justin V. Hastings explores the puzzle of how the most politically isolated state in the world nonetheless sustains itself in large part by international trade and integration into the global economy. The world's last Stalinist state is also one of the most enterprising, as Hastings shows through in-depth examinations of North Korea’s import and export efforts, with a particular focus on restaurants, the weapons trade, and drug trafficking. Tracing the development of trade networks inside and outside North Korea through the famine of the 1990s and the onset of sanctions in the mid-2000s, Hastings argues that the North Korean state and North Korean citizens have proved pragmatic and adaptable, exploiting market niches and making creative use of brokers and commercial methods to access the global economy.North Korean trade networks—which include private citizens as well as the Kim family and high-ranking elites—accept high levels of risk and have become experts at operating in the blurred zones between licit and illicit, state and nonstate, and formal and informal trade. This entrepreneurialism has allowed North Korea to survive; but it has also caused problems for foreign firms investing in the country, emboldens the North Korean state in its pursuit of nuclear weapons, and may continue to shape the economy in the future.

The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

Purpose - This research is to discuss Korean international and domestic trade law related issues, especially the function of Korean legal infrastructure and the multi-layered character of law. Then, the paper will suggest the needs of the response in order to manage legal challenges. Design/Methodology/Approach - This research examines the Korean trade agreements and suggests new possible implications of the rules. Several possible challenges to the laws will then be scrutinized in the paper. Findings - The result of the study is that many international trade works of countries are mainly based on their laws, and these laws can be distinguished by several standards. The international agreements are evaluated as the 'social infrastructure' for the trade issue, so-called 'legal infrastructure' for trade activities ? from multinational international laws such as WTO agreements to more preferential or bilateral international laws such as FTAs. Korea has expanded its legal infrastructure for trade and economic development. There are factors that are responsible for the change in Korean legal infrastructure for trade. These factors both address economic and non-economic issues, which compels international trade laws to cover non-economic issues. Research Implications - This paper will help readers to enhance the understandings to the concept of legal infrastructure and the challenges to the laws. The international legal infrastructure on trade works would serve as an engine for invigorating its economy and domestic rules. This influenced further changes in Korean domestic laws and international trade laws.

A collection of previously published legal articles, newspaper columns, and book reviews.

In this exciting new book, an international team of experts compare market structures, in both global and Korean contexts, particularly focusing on the impact of foreign competition on market concentration and ways to improve market structure. It thoroughly investigates core competition problems, including international abuses of dominance, mergers and collusion, and vertical restraints. Contributions move beyond explaining the laws and practices of enforcement agencies, offering readers an insight into the trend of an ever-increasing interdependence among national economies, complemented by analyses of recent developments in the US and Canada.

The aim of this project is to research the necessity of international cooperation on Korean unification in legal terms as South Korea’s Unification Policy and how issues of the Korean Peninsula have been dealt with in the international framework. Since this is the second year of a five-year project, the conceptual aspect requires clarification in the overall aspect and this requires a multidisciplinary approach. But the main focus remains the legal aspect, international law, in particular. This study assumes that unification will be a gradual process, generally in three stages: (1) inter-Korean cooperation, (2) negotiation for inter-Korean unification (be it North Korea’s collapse, or actual inter-Korean negotiation for unification, this stage includes any inter-Korean negotiation for unification and international negotiation formula, such as Six Party Talks, etc.), and (3) post-unification integration. The study begins with the understanding that South Korea needs to be prepared for legal matters potentially arising in these processes. The project this year, in particular, deals with the legal issues that should be dealt with in the first and second stages. The scope of the papers in this project covers four main areas. The first is time span. The research for this project covers the 19th century to the present and draws future-oriented implications, but the main focus is on current issues. The second is in regard to approaches. The study deals with three main approaches: historical, political, and legal, but for purposes of this project, the main focus is on the legal aspect. The third concerns the issues addressed. These are the nuclear issue, the military issue, inter-Korean cooperation issues, and the human rights issue. Finally, the scope of actors considered includes South and North Korea, neighboring countries (the U.S., China, Japan, and Russia), and international organizations (e.g., UN, WFP, WHO, etc.). The papers included here are organized into three main sections. The first concerns the meaning of Korean unification and the context of international cooperation. Park Jong-Chul provides a general overview of the Park Geun-Hye administration’s North Korea and unification policy, referred to as “Trustpolitik,” and the trust-building process on the Korean Peninsula, as well as the need for international cooperation. Sue Mi Terry examines the U.S. and China’s perspective on the issues laid out above. She explores areas where U.S.-China interests converge and diverge and whether strategic cooperation and coordination between the two nations are possible in the case of Korean unification. The second section presents historical and legal perspectives related to the situation on the Korean peninsula. Charles K. Armstrong’s work on the historical perspective is divided into three sections chronologically: (1) the struggle of 19th Century Korea to become a modern sovereign state and its failure with the advent of colonial rule, (2) war leading to the division of the Korean Peninsula, and (3) the inter-Korean situation based on de facto recognition (as opposed to de jure) as a political entity arising out of the 1972 Joint Communiqué and the “special relationship” from then on. Next, Roh Jeong-Ho provides a legal approach to the question of inter-Korean relations and the debate on unification by dividing the period from 1876 to the present day into five distinct periods and examining the limitations to the legal order and the evolution of world order as they pertain to Korea. Finally, Leon V. Sigal discusses how international law and institutions might improve South Korean security and facilitate inter-Korean reconciliation with special attention to confidence-building in the West Sea. The third section examines in greater detail the legal aspects of Inter-Korean Cooperation and human rights. Regarding human rights, it is important to consider the link between inter-Korean cooperation and human rights. The improvement of human rights and people’s livelihood in North Korea, which is part of the ultimate goal of unification, can be achieved by inter-Korean cooperation. Inter-Korean cooperation leads to inducing change in North Korea, which then logically leads to the improvement of human rights in North Korea. Lee Hyo-Won focuses on the legal matters regarding the establishment of a DMZ World Peace Park. Soung Jea-Hyen looks at the legal matters regarding the internationalization of the Gaeseong Industrial Complex. Cho Jung-Hyun provides an analysis of the contents and legal implications of the recent outcome of the UN Commission of Inquiry (COI) on Human Rights in the DPRK, such as the meaning of stating “crimes against humanity,” the notion of Responsibility to Protect (R2P) in respect to North Korea, and transitional justice in the possible post-unification stage. Finally, David Hawk tracks North Korean human rights developments in the post-COI period. Preface/ Jong-Chul Park and Jeong-Ho Roh I. The Meaning of Korean Unification in the Context of International Cooperation South Korea’s TrustPolitik and International Cooperation.....1 South Korea’s TrustPolitik and International Cooperation/ Jong-Chul Park.....3 U.S.-China Rivalry and the Unification of the Korean Peninsula/ Sue Mi Terry.....31 II. The Situation on the Korean Peninsula: Historical and Legal Perspectives .....59 An Unfinished Project: Challenges and Struggles of Korea to Become a Modern Sovereign Nation-State/ Charles K. Armstrong.....61 The Limits of Legal Order in an Evolving World Order on the Korean Peninsula/ Jeong-Ho Roh.....89 Legal Approaches to Korean Security in the Early Stages of Unification: The Armistice Agreement and the NLL/ Leon V. Sigal.....119 III. Legal Aspects of Inter-Korean Cooperation and Human Rights.....145 Legal Perspective and International Cooperation on World Peace Park in DMZ between South and North Korea / Hyo-Won Lee.....147 Plan for the Internationalization of the Kaesong Industrial Region and the Resolution of Its Commercial Disputes/ Jea-Hyen Soung.....169 The Report of the UN Commission of Inquiry (COI) on North Korean Human Rights: Some International Legal Analyses/ Jung-Hyun Cho.....195 North Korea’s Response to the UN Commission of Inquiry (COI) Report on the Situation of Human Rights in the Democratic People’s Republic of Korea/ David Hawk.....213 Contributors.....251

Beginning with an introduction to the trading regime in Korea, and an overview of the basic trade laws and regulations, the expert contributors move on to cover specific topics in detail. They examine import/export measures (such as customs, rules on country of origin, import procedures, and export controls on strategic items) as well as trade remedies and trade in services. In addition, the book assesses the impact of competition laws on trade and concludes by considering the issues of foreign investment and FTAs.

The Korean Economy examines how Korea's inward FDI-led globalization, particularly since the financial crisis of 1997, has been experienced, understood, managed and often strongly resisted in various economic, social and cultural domains. It is an in-depth analysis combining perspectives from politics and economics, examining a number of grievances as seen through the eyes of actual foreign investors operating in Korea. The authors argue that it is precisely these obstacles that need to be addressed if Korea is to live up to its full potential in terms of becoming a truly attractive magnet for FDI and comprehensively integrating into the global economy. The authors make a convincing case that the challenges Korea currently faces are by no means limited to institutional and policy reforms, but rather are entrenched in an anti-globalization mindset shared by all sectors of society. This critical examination of the Korean government's inward FDI policies includes the experiences of around 50 CEOs of operating MNCs in Korea including various chambers of commerce and law firms. It also examines both perceptions and realities of the Korean market from in-depth interviews with over 50 foreign CEOs of MNCs operating in Korea, as well as a critical examination of Korea's current efforts to become a Northeast Asian business centre. This book will appeal to academics and postgraduate students of Asian studies and international business, the foreign business community (including existing and potential foreign investors to the Korean market) as well as government and policy makers.