North Korea, International Law and the Dual Crises: Narrative and Constructive Engagement

ISBN-13: 9781138614505 / Angielski / Miękka / 2018 / 296 str.

Morse Tan

Opis

The Democratic People's Republic of Korea (DPRK) has a reputation as one of the worst human rights situations in the world. This book utilizes a unique international law perspective to examine the actions and inactions of North Korea with regard to international security and human rights. Adopting political, military, historical and legal perspectives, the book explores how the two issues of nuclear weapons and the human rights abuses in North Korea are interconnected, and why the international community should apply the same international law framework to find a solution for both. Drawing on eyewitness accounts, such as refugee and defector testimony, Morse Tan offers a real-life story of North Korea that covers the pertinent law, and constructive approaches of its regime. Tan examines the specific objectives and actions of the North Korean government, and measures these according to international legal obligations such as applicable treaty law, jus cogens norms, and customary international law. The book concludes by offering solutions for dealing with international security surrounding the Korean Peninsula, and forwards a proposal for the creation of a tribunal to prosecute those at the top of the regime for international crimes and human rights abuses. As a project exploring the extremes of international law violation, this book will be of great interest and use to readers interested in the history, and political and legal implications of the strategies employed by the North Korea government.

Spis treści

Introduction  Section One: The Story of a Criminal Regime  1. War, Incursions and Provocations  2. Multiple Menaces, Including Cyber-Nuclear  3. Hell’s Doorstep  4. The Perils and Hardships of Refugees  5. Jerusalem of the East No More  6. The China-North Korea Connection  7. Iron Fists in a Fog   Section Two: Dissecting the Crimes  8. The War That Has Not Ended  9. Nuclear Defiance  10. Prosecuting Hell’s Doorstep  11. The Plight of Those in Flight  12. Provisions for Religious Liberty   Section Three: Constructive Approaches and Solutions  13. Judicial Justice  14. Diplomacy With a Criminal Regime  15. China’s Potential to Solve the Puzzle  16. U.S. and UN Remedial Actions  17. International Humanitarian Intervention and the Responsibility to Protect  18. Sundry Solutions and Constructive Approaches   19. Conclusion

O autorze

Morse Tan is Associate Professor of Law at Northern Illinois University, USA.