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논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2019.11
- 수록면
- 1 - 20 (20page)
- DOI
- 10.35227/HYLR.2019.11.30.4.1
이용수
초록· 키워드
오류제보하기
The possible reunification of the two divided Koreas on the Korean Peninsula has presented various important and interesting international legal problems. In this paper, I argue that the contemporary understanding of the principle of self-determination may provide the normative justification for Korean reunification in the future, but it also may demand that the two divided Koreas comply with the essentials of self-determination as members of international society.
First of all, the reunification of the two divided Koreas should be understood as a process of the exercise of the right to self-determination for all Korean people, as they are entitled to determine their political, economic and cultural status as holder of the right to self-determination. It is to be noted, in this regard, that self-determination has not only been a fundamental principle of international law, but also a right ‘reserved’ for peoples guaranteed in international human rights treaties. Undoubtedly, the Korean people living on the Korean Peninsula have satisfied the definition of the concept of a people, even if the concept of a people for the purpose of international law still remains elusive. More importantly, self-determination seems to have gained the status of a jus cogen norm, or peremptory norm, of international law binding all members of international society without exception. This means that as long as the two Koreas pursue reunification in connection with the realization of the right to self-determination for all Korean people, no country in the world would object to it.
Secondly, the birth of a reunified Korea as an independent state in future should imply that the two democratic political regimes on the Korean Peninsula will merge into one single democratic state. Under contemporary international law, the principle of self-determination embraces two distinct and mutually related aspects of external and internal self-determination. While external self-determination stands as the justificatory ground for the creation of a new state through independence from foreign colonial rule or foreign occupation, internal self-determination will signify the democratic guarantees of the political process for all people residing in a self-determining territorial unit (or state). In other words, internal self-determination is a continuing democratic process, even if external self-determination has been exercised and exhausted within a territorial unit (or state). Although the democratic structure of a state may vary from state to state, without necessarily and exclusively being confined to the Western type of liberal democracy, the wills and wishes of people in a sovereign state must be respected in its domestic political process. From this perspective, the reality of the two Koreas seems to be very unsatisfactory and even problematic. South Korea has achieved democratization, at least procedurally, since 1987, yet its democracy still needs to be improved and reformed in terms of the full enjoyment of substantive democracy. North Korea has been one of the most notoriously undemocratic and dictatorial countries in the world, with serious violations of human rights for the North Korean people.
Lastly, the reunification of the two Koreas should not only be carried out in the interest of all Korean people but also all ethnic minority groups residing on the Korean Peninsula. The pursuit of the reunification of the two Koreas should respect standards of international law on ethnic minority protection. This is because the internal aspect of self-determination requires (mandates) the protection of ethnic minority groups residing in a nation state.
Self-determination may provide a fundamental justification for the reunification of the two divided Koreas in international society, but at the same time it also requires that the two divided Koreas comply with the essentials of self-determination in light of democracy and ethnic minority protection in order to make progress towards reunification in the future.
First of all, the reunification of the two divided Koreas should be understood as a process of the exercise of the right to self-determination for all Korean people, as they are entitled to determine their political, economic and cultural status as holder of the right to self-determination. It is to be noted, in this regard, that self-determination has not only been a fundamental principle of international law, but also a right ‘reserved’ for peoples guaranteed in international human rights treaties. Undoubtedly, the Korean people living on the Korean Peninsula have satisfied the definition of the concept of a people, even if the concept of a people for the purpose of international law still remains elusive. More importantly, self-determination seems to have gained the status of a jus cogen norm, or peremptory norm, of international law binding all members of international society without exception. This means that as long as the two Koreas pursue reunification in connection with the realization of the right to self-determination for all Korean people, no country in the world would object to it.
Secondly, the birth of a reunified Korea as an independent state in future should imply that the two democratic political regimes on the Korean Peninsula will merge into one single democratic state. Under contemporary international law, the principle of self-determination embraces two distinct and mutually related aspects of external and internal self-determination. While external self-determination stands as the justificatory ground for the creation of a new state through independence from foreign colonial rule or foreign occupation, internal self-determination will signify the democratic guarantees of the political process for all people residing in a self-determining territorial unit (or state). In other words, internal self-determination is a continuing democratic process, even if external self-determination has been exercised and exhausted within a territorial unit (or state). Although the democratic structure of a state may vary from state to state, without necessarily and exclusively being confined to the Western type of liberal democracy, the wills and wishes of people in a sovereign state must be respected in its domestic political process. From this perspective, the reality of the two Koreas seems to be very unsatisfactory and even problematic. South Korea has achieved democratization, at least procedurally, since 1987, yet its democracy still needs to be improved and reformed in terms of the full enjoyment of substantive democracy. North Korea has been one of the most notoriously undemocratic and dictatorial countries in the world, with serious violations of human rights for the North Korean people.
Lastly, the reunification of the two Koreas should not only be carried out in the interest of all Korean people but also all ethnic minority groups residing on the Korean Peninsula. The pursuit of the reunification of the two Koreas should respect standards of international law on ethnic minority protection. This is because the internal aspect of self-determination requires (mandates) the protection of ethnic minority groups residing in a nation state.
Self-determination may provide a fundamental justification for the reunification of the two divided Koreas in international society, but at the same time it also requires that the two divided Koreas comply with the essentials of self-determination in light of democracy and ethnic minority protection in order to make progress towards reunification in the future.
목차
Ⅰ. 서론
Ⅱ. 자결권과 한반도 통일
Ⅲ. 자결권의 민주적 성격과 한반도 통일
Ⅳ. 소수인종 보호와 한반도 통일
Ⅴ. 결론에 대신하여
참고문헌
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